HomeMy WebLinkAboutR-00-0778J-00-726
9/1/00
x°78
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ABDEL HAKIM SAHIH, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $40,000,. IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CASE ABDEL HAKIM SAHIH VS. CITY OF MIAMI, IN
THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO. 97-17287
CA (30), 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. 515001.624401.6.651.
WHEREAS, Abdel Hakim Sahih filed a claim and lawsuit against
the City of Miami in the Circuit Court of the Eleventh Judicial
Circuit, in and for Miami -Dade County, Florida, Case
No. 97-17287 CA (30); and
WHEREAS, the Tort Committee of the City Attorney's Office
and the Division of Risk Management have investigated this claim
and lawsuit, pursuant to Sections 18-221 through 18-232 of the
Code of the City of Miami, Florida, as amended, and recommend
that said claim and lawsuit be settled for the sum of $40,000;
CITY COMMSSION
KEETITNG 0,V
SEP 1 4 2900
&osolutioa 110.
00 7 7",-.8:
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 and
incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is hereby authorized
to pay Abdel Hakim Sahih, without admission of liability, the sum
of $40,000 in full and complete settlement of any and all claims
and demands against the City of Miami, for the case, Abdel Hakim
Sahih vs. City of Miami, in the Eleventh Judicial Circuit in and
for Miami -Dade County, Florida, Case No. 97-17287 CA (30), 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 and Insurance Trust Fund, Index. Code
No. 515001.624401.6.651.
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.
1i
Page 2 of 3
PASSED AND ADOPTED this 14th day of September 2000.
JOE CAROLLO, MAYOR
in, a =..rdtnce with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
,Ibis ;Lit)JsIation by signing it in the designated placaprovided said leg!
'erases effective with the elapse of ten (10) day the e o omm
rzgffdh, g, same, without the Maypl�gurcjisin 0.jo
A ni )
ATTEST:
WALTER J.-FOEMAN
CITY CLERK -0-
APPROVERS T/F
qjkMIT'
AND CORRECTNESS
LL
4619:HJH:LB:BSS
Walter
0 0 Af4
Page 3 of 3
CITY OF MIAIVII
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the Ci
FROM: Alejandro Vilarello, City
DATE: September 5, 2000
RE: Proposed Resolution -
Approval of settle t:
Case No. 97-1728 CA
#finission17eeting of September 14, 2000
lel Hakim Sahih vs. City of Miami
[J-00-726]
36
The attached proposed Resolution seeks authorization for the settlement of all claims against
the City of Miami in the above -referenced case in the amount of $40,000. Abdel Hakim Sahih, who
had a hip replacement after a collision with a solid waste vehicle, brought this lawsuit. Mr. Sahih
states that he was unable to work for eight (8) months after his vehicle collided with a solid waste
truck, which was making a left turn across U.S. 1 onto 17th Avenue as Plaintiff drove north on U.S. 1 at
approximately 6:40 a.m. on August 12, 1994. His medical bills total approximately $19,000.
The City Attorney's Office and the Risk Management Division have investigated and evaluated
this case and have approved the recommendation of this settlement. Inasmuch as the potential
exposure to the City on this claim is in excess of the statutory cap, this settlement, in the amount of
$40,000, is in the best interest of the City.
Funds in the amount of $40,000 are available for this settlement from the Self -Insurance and
Insurance Trust Fund, Index Code No. 515001.424401.6.651.
c: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
W468:HJH:LB:BSS
06- 778
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 Attorney
DATE: August 22, 2000
RE: Financial review and approval for Settlement
Proposed Resolution -City Commission Meeting of September 14, 2000
Approval of settlement: Abdel Hakim Sahih vs. City of Miami
Case No. 97-17287 CA (30) [J-00-726]
Attached is a copy of a resolution which is being placed on the City Commission Agenda
for the meeting of September 14, 2000. If approved, Abdel Hakim Sahih vs. City of Miami, l lth
Judicial Circuit Court Case No. 97-17287 CA (30) will be settled for $40,000. Funds are available
from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
Please indicate your review and approval hereinbelow by affixing your signature and
return this original memorandum to Lugena Boles, Administrative Assistant I, of this office as
soon as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
, 1 I&,
MARIO SOLDEVILLA
ADMINISTRATOR
W469:LB
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
L ISA HASKINS
DI CTOR
CRY of Miami
M8mvement & Budget
Deb Iq- 5 -b)
1I A0 )
Amount akf $2q&. 3K is
avesble a000urn number
Ve ed by. SIGNATURE 0 0 r 71700