HomeMy WebLinkAboutR-00-0139J-00-136
2/3/00
RESOLUTION NO. 00— 139
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
JULIA RAMIREZ AND UBALDO RAMIREZ, HER
HUSBAND, WITHOUT ADMISSION OF LIABILITY, THE
SUM OF $20,000, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CASE JULIA
RAMIREZ AND UBALDO RAMIREZ VS. CITY OF MIAMI,
IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO. 96-14653
CA (01), 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 THEREFOR FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.652.
WHEREAS, Julie Ramirez and Ubaldo Ramirez, her husband,
filed a claim and lawsuit against the City of Miami, in the
Circuit Court of the Eleventh Judicial District, Case
No. 96-14653 CA (01), in Miami, Miami -Dade County, Florida; and
WHEREAS, the claim and lawsuit has been investigated by the
Tort Committee of the City Attorney's Office and the Division of
Risk Management pursuant to Sections 18-221 through 18-232 of the
Code of the City of Miami, Florida, as amended, which created the
City of Miami's Insurance and Self -Insurance Trust Fund and
recommend that said claim and lawsuit be settled for the sum
of $20,000;
CITY COSSI .,
MEETING OF
FE® 10 2000
Resolution No.
•
�6_j
NOW, THEREFORE, 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 hereby adopted by reference
thereto and incorporated. herein as if fully set forth in this
Section.
Section 2. The Director of Finance is hereby authorized
to pay Julia Ramirez and Ubaldo Ramirez, without admission of
liability, the sum of $20,000 in full and complete settlement of
any and all claims and demands against the City of Miami, for the
case, Julia. Ramirez and Ubaldo Ramirez vs. City of Miami, in the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
Case No. 96-14653 CA (01), 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 therefor hereby allocated from the
Self -Insurance Trust and Insurance Fund, Index Code
No. 515001.624401.6.652.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor'.
�i 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.
139
Page 2 of 3
PASSED AND ADOPTED this 10th_ day of February 1 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Godo Sec. 2-36, since the Mayor did not indin-tq apprc.,)ml of
this legislation by signing it in the designated place
'4'0V1VeG,
becomes effective with the elapse of ten (10) d . r he date o mrni3s
regarding same, without the Mayor exercising l- ON ;v
ATTEST: 'I' W.r Al
ATTEST,:
WALTER J. FOEMAN
CITY CLER.K—
APPZVED FO /
VILARELLO
FATOO
RNEY
43:CCM:kd:RCL
CORRECTNESS&
Page 3 of 3
Walter
0
0,6
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Honorable Mayor and Memb o
FROM: Alejandro Vilarello, Ci
DATE: February 2, 2000
RE: Discussion conce g pro sed settlement
Julia Ramirez, et al. vs. ty of Miami
Case No. 96-14753 C 01), (J-00=136 )
22
This lawsuit involves a claim against the City wherein plaintiff, Julia Ramirez, age 71,
seeks damages for personal injuries sustained as a result of being struck by a City police car on
September 26, 1993 while crossing a street. She was hospitalized for four days with a broken
shoulder and several broken toes and other injuries. Her husband, Ubaldo Ramirez seeks
damages for loss of consortium. The case is set for trial on February 14, 2000, before Circuit
Judge Eleanor Schockette. After extensive negotiations, the plaintiffs have agreed to settle for
$20,000.
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 $20,000.00 payable to
Julia Ramirez and Ubaldo Ramirez. The Torts 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 $20,000.00 will be allocated from
the Insurance and Self Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Section 18-232 of the City Code of the City of Miami, Florida, as amended, provides that
the City Attorney may, after investigation, compromise, settle and pay claims against the City of
Miami for an amount not to exceed $25,000.00 for each individual claim. The section further
directs that the City Attorney render a report for the settlement of claims to the City
Commission.
Upon rendition of the report for the above referenced claim, a City Commissioner has
disagreed with the indicated settlement of the claim (see attached). I therefore request that the
Item be discussed by the full City Commission at the February 10, 2000 City Commission
Meeting.
W410:rcl
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
00- 100 9
Alejandro Vilarello
City Attorney
CITY OF MIXVII, FLORIDA
40 INTER -OFFICE MEMORANDU
SDA January 26, 2000 _1=_
--- Case 4: 96-14753 CA (0 )
REFERENCES ;7
omas Regala o _ w
ENCLOSURES:
Commissioner
Please be advised that I object to this settlement based on the documentation that I
read. The documentation stated that the officer who investigated the accident found
that the city was not at fault. Please provide an additional explanation of this case.
129