HomeMy WebLinkAboutR-01-1187J-01-907
10/19/01
• 0
RESOLUTION NO. �t
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ALFREDO MONTILLA THE SUM OF $70,000, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, FOR
THE CASE ALFREDO MONTILLA VS. CITY OF MIAMI,
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORTDA, CASE NO. 00-19670 CA (20), UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE
CITY OF MIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND
ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS
THEREFORE FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.651.
WHEREAS, Alfredo Montilla, filed a claim and lawsuit against
the City of Miami, in the Circuit Court of the Eleventh Judicial
District, Case No. 00-19670 CA (20), in Miami, Miami -Dade County,
Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of the City Attorney's Office and the
Division of Risk Management pursuant to Section 18-232 of the
Code of the City of Miami, Florida, as amended, which created the
�a COMUSSION
MEET"ENC, OF
NoY i S 11
ii+�lit5ki8Ltu:3 L`JSJ.
0
City of Miami's Insurance and Self -Insurance Trust Fund and said
Offices recommend that said claim and lawsuit be settled for the
sum of $70,000.00;
NOW, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay
Alfredo Montilla the sum of $70,000 in full and complete
settlement of any and all claims and demands against the City of
Miami, for the case Alfredo Montilla vs. City of Miami, in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida, Case No. 00-19670 CA (20), upon the
execution of a general release releasing the City of Miami, its
present and former officers, agents and employees from any and
all claims and demands, with funds therefore allocated from the
Self -Insurance Trust and :Insurance Fund, Index Code
No. 515001.624401.6.651.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the MayorL/.
ii If the Mayor does not sign this Resolution, 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 2 of 3
0 0
PASSED AND ADOPTED this 15th day of November 2001.
JOE CAROLLO, MAYOR
in nccnrd�anrn 'M�( '1%,m; !" , "!" �n- 7-1 ()
M �, I , . �:. I . i . . I . f
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APP ED S TQ,,;'fORM ALO CORRECTNESS: t!>
CITY ATTORNEY
W5733:JOB:dd
Mn �,iiky clu'k
Page 3 of 3
j _i - 1 1 L 8 7
CITY OF MIAMI
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 Attorney2j
DATE: October 26, 2001
RE: Financial review and approval for payment of settlement
Proposed Resolution -- City Commission Meeting of November 15, 2001
Case of Alfredo Montilla vs. City of Miami
Eleventh Judicial Circuit Case No. 00-19670 CA (2 0)
Claim No. 011N-2000-051 (J-01-907)
Attached is a copy of a Resolution scheduled for the City Commission Agenda of
November 15, 2001, requesting payment of a settlement in the amount of $70,000 in the case of
Alfredo Montilla vs. City of Miami, Eleventh Judicial Circuit Case No. 00-19670 CA (20).
Funds are available from the Self -Insurance and Insurance Trust Fund, Index Code
No. 515 001.624401.6.651.
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:
MARIO SOLDEVILLA
ADMINISTRATOR
W628:LB
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET;
LINDA HASKINS
DIRECTOR
1.18 7
CITY OF MIAMI CA=13
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the C'Co ission
FROM: Alejandro Vilarello,
DATE: November 1,
RE: Proposed Settlement- ' Commission Agenda -November 15, 2001
Alfredo Montilla vs. ity of Miami
Dade Circuit Co ase No. 00-19670 CA 20
Claim No. 011 N-2000-051 (J-01 -907)
This personal injury lawsuit brought by Plaintiff Alfredo Montilla against the City of
Miami arises out of a rear -end collision involving a solid waste track driven by a City employee.
Based on the testimony of City employees, independent witnesses and the report of the traffic
crash investigation, the City has admitted liability so that the issue remaining for trial is the
amount of damages. Plaintiff seeks compensation for damages, including multiple cervical and
spinal injuries, carpal tunnel syndrome requiring surgery, and lost wages. The City's
independent medical examination of the Plaintiff reports that as a result of the accident Plaintiff
has been left with a 5% permanent impairment of the body as a whole.
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 $70,000. The Tort
Committee 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 $70,000 will be allocated from the Insurance and Self -Insurance Trust Fund, Index
Code No. 515001.624401.6.651.
AV/JOB/dd
Attachment
c: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
WO I OCommission5ettiement
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDW,2,, ;
TO: Linda Haskins, Director, Department of Management and Budget
Mario Soldevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney�j
DATE: October 26, 2001
RE: Financial review and approval for payment of settlement
Proposed Resolution — City Commission Meeting of November 15, 2001
Case of Alfredo Montilla vs. City of Miami
Eleventh Judicial Circuit Case No. 00-19670 CA (20)
Claim No. 01 IN -2000-051 (J-01-907)
Attached is a copy of a Resolution scheduled for the City Commission Agenda of
November 15, 2001, requesting payment of a settlement in the amount of $70,000 in the case of
A -edo Montilla vs. City of Miami, Eleventh Judicial Circuit Case No. 00-19670 CA (20).
Funds are available from the Self -Insurance and Insurance Trust Fund, Index Code
No. 515001.624401.6.651.
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:
AXI
MARIO SOLDEVILLA
ADMINISTRATOR
W628:LB
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
.., LINDA HASKINS
DIRECTOR