HomeMy WebLinkAboutR-00-0779J-00-730
9/1/00
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
JUANA MELO, 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 JUANA
MELO VS. CITY OF MIAMI, IN THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 99-24088 CA (11),
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, Juana Melo 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. 99-24088 CA (11); 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 CONMUSION
MEETING OF
SEE 1 4 2000
Aesolutico No.
fl - 71 - -;
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 Juana Melo, 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, Juana Melo vs.
City of Miami, in the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Case No. 99-24088 CA (11), 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. 515001.624401.6.651.
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.
Page 2 of 3
•
PASSED AND ADOPTED this 14th day of September , 2000.
JOE CAROLLO, MAYOR
In m=xrdhnce with Miami Code Stec. 2.36, sdnce the Moyor d1d nit iht IN% $100r6w of
h�s i illation by signin[i it in the designated pI ec provldod, Mlkl 10 !91 ON H@W
bw,upas, effective with the elapse of ten (10) day3 Q tho dA10
r&@ same, without the Mayor axe isi
ATTEST:
Walter CPO
lark
WALTER J. FOEMAN
CITY CLERK
AND CORRECTNESS
Page 3 of 3 179
CITY OF MIAMI
CITY ATTORNEY'S OFFICE 37
MEMO UM
TO: Mayor and Members oft C'
ommission
FROM: Alejandro Vilarello ity`
DATE: September 5, 20 0 J
RE: Proposed Re, o C ommission Meeting of September 14, 2000
Approvalsel e Juana Melo vs. City of Miami
Case No., 1240 8 A (11) [J-00-730].
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. This is an
action for personal injury damages resulting from a motor vehicle accident that occurred on
March 3, 1999, at approximately 1:00 p.m., on West Flagler Street, between 59t' Avenue and 60ffi
Avenue. The Plaintiff, Juana Melo, was a pedestrian crossing Flagler Street when she was struck
by a City solid waste truck, sustaining head trauma and left pelvic fractures. She was
hospitalized for three weeks, underwent four months of physical therapy and incurred
approximately $13,000 in medical expenses.
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.
cc: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
W471:RSO:LB:BSS
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: Juana Melo vs. City of Miami
Case No. 99-24088 CA (11) [J-00-730]
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, Juana Melo vs. City of Miami, 11th 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:
MARIO SOLDEVILLA
ADMINISTRATOR
W472:LB
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
D BUDGET:
L A HASKINS T
DIRECTOR
City of Miami
mangw'"M & sued