HomeMy WebLinkAboutR-01-0930J-01.-699
8/8/01
o:d 930
RESOLUTTON NO.
A RESOLU'T'ION OF THE MfWl CITY COMMISSION
AUTHORIZLING THE DIRECTOR OF FINANCK TO PAY
FLORENTINO RAMOS, WITHOUT ADMISSION OF
LIABILLITY, THE SUIM OF $1.00,000 IN FULL AND
COMPLET! SETT'1,1-;'MENT OF ANY Ah:D AIA. CLAIMS AND
DF,VANDS AGAIivST THE CIZY OF MIAN1 IN THE CASE
OF FLOREWTI VO R:CMOS, AS PEIZSONIIL REPRESEATTAT.TVF
OF' T11E ESTATE OF Jt1ANA N. BEJERANO, DECEASED,
CIRCUIT COURT CASE NO. 98-1.92.00 CA (04); UPON
THE EXi'CUTION OF A GENERAL RELEASE RELEASING
'I'HE CITY OF MIAMI, I_S PRESENT AND FORMER
OFFICERS, AGENTS AND EMPLOYEES i'ROivi ANY AND ALT,
CLAIMS AND DEMANDS; A'LLOCA'I''l'NG FUNDS FROM THE
SELF --INSURANCE AND INSURANCE TRUS". FUND, INDEX
CODE NO. 515001.624401.6.653.
WHiEREAS, Florentino Ramos, as personal representative of L -he
Es Late of Juana M. Bejei ano, aeceasc:a, fi.l.Gcl a claim and lawsuit
acrainst Lhe City of Miami., cit al. in Circuit Court Case
No. 98-19200 CA (04); and
WHEOREAS, the Tort Cocnmittea of the City Attorney's OLi ice
and the Division of. Risk Management have invesL:igated this claim
and lawsuiL, pursuant to Sections 18-22.:1. through 18-232 of the
an COMUSS1011
MEETING OF
SES t � ?113{
F�ewtution Na
a _ 930
.. 0 0
Coczc
of r:he CJ -Ly of Miami,
Florida,
as
amended,
and recommend
that
said
claiin and lawsuit
be settled
for
the sum
of $1.00;C00;
NOW, T:IE�REFORE, BE TT RESOLVED 13Y T'r1E COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The z:CCita I.s and findings contained in t -he
Preamble t o t}ais Resol ut:ion are adopted by reference and
incorporate-, as if iuly set. ili.s Seti on.
Section 2. The Di. rector of Finance is authorized to pay
rlor.enr_ino Ramos, without.. admission of. liability, t:he sum of
5100,000 in full and complete settlement of any and all claims
and demands against the City of Miami., in t:he case of Florentlno
Ramos, as
personal represpnta1:.ive of
the Estate of. JUdrta .M.
hejerano,
deceased vs.
City of
Miami,
et al., in Circuit Court
Case No.
98-19200 CA
(04),upon
the
er,ecuCi.on of a general
release releasing the
City of
Miami,
its present and former
officers,
agents and
employees
from
any and all claims and
demands,
wil:h funds
allocated
f.rorn
the :elf -Insurance and
Insurance
Trust fund, Lndex
Code
No. 516001.6244 01.6.653.
Page: 2 of 3
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!:'
PASSED AND ADOPTED this 13th- day of — September 2001,
JOE CAROLLO, MAYOR
In
yor dli;d nt)t imlirpta
vp'id
t;l*:c:Iivf; will I 0:C.
P'GviCiiiiCl
ATTEST:
�WALTER J-.—F-0--EMAN ---- - — — -- --
CITY CLERK ..,,,,-j
APPROVED TO FORM AND CORRECTNESS:
ALEj?�N1)R0 h.VTLARELLO
�X-� TORNEY
0W5555 : CCM: eh: BSS
V,ha it L, r
Clerk
If the Mayor does not sign this Resolut,on, it shall become effective at
the end of ten calendar days from the date it. was passed and adopted. if
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 3 of 3
CITY OF MIAMI
CITY ATTORNEY'S OFFICE 41
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: August 21, 2001 K- _
���• tom. -._..._.__._
RE: Proposed Settlement-Qy'Commission Meeting of September 13, 2001
Florentino Ramos, as Personal Representative of the Estate of Juana
M. Bejerano v. City of Miami
Case No. 98-19200 C04)
Claim No. 017/GL/98=040
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami, without admission of liability, in the amount of $100,000 payable to
Florentino Ramos. The Torts Conunittee of the City Attorney's Office and the Risk Management
Division have investigated and evaluated this case and have approved the recommendation of
this settlement. Funds in the amount of $100,000 will be allocated from the Insurance and Self
insurance Trust Fund, hidex Code No. 515001.624401.6.653
The Plaintiff, on behalf of the decedent's estate and the decedent's survivors, filed a
wrongful death action against the City alleging that City paramedics negligently examined the
decedent and failed to transport the decedent to a hospital resulting in the death of the decedent.
The alleged omissions in this case would be discussed under current quality control
measures instituted by the Fire Department. In addition, as part of continuing training of Fire -
Rescue personnel, the Fire Department will address the issues presented in this case in -tandem
with the Law Department.
W030:CCM:eli
Attachment
c: Carlos A. Gimene;City Manager
William Bryson, Fire Chief
Elvi Alonso, Agenda Coordinator
01- 930
f
AUG 22 [UU1 J �r
CITY OF MIAMI [--BUDGET DIVISION
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Linda Haskins, Director, Department of Management and Budget
Mario Soldevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney/
DATE: August 23, 2001
RE: Financial review and approval for payment of settlement
Proposed Resolution - City Commission Meeting of September 13, 2001
Case of Florentino Ramos, as personal representative of the
Estate of Juana M. Bejerano, Case No. 98-19200 CA (04)
(J-01-699)
Attached is a copy of a resolution scheduled for the City Commission Agenda of
September 13, 2001, requesting payment of a settlement in the case of Florentino Ramos, as
personal representative of the Estate of Juana Al Bejerano, Eleventh Judicial Circuit Case
No. 98-19200 CA (04). Funds are available from the Self -Insurance and Insurance Trust Fund,
Index Code No. 515001.624401.6.653.
Please indicate your review and approval herein below by affixing your signature and
return this original memorandum to Lugena Boles, Administrative Assistant of this office as soon
as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
./
'1'.ai ,
MARIO SOLDEVILLA
ADMINISTRATOR
W 608 : LB
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
D BUDGET:
C"
LINDA HASKINS
DIRECTOR
�41 _ 950