HomeMy WebLinkAboutR-99-0491J-99-526
6/24/99
RESOLUTION NO. " 9 - 491
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ELSE ESPINEL, 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 ELSE
ESPINEL VS. CITY OF MIAMI, IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.
96-05177 CA (32), 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. 515001.624401.6.653.
WHEREAS, Else Espinel, filed a claim and lawsuit against the
City of Miami, in the Circuit Court of the Eleventh Judicial
District, Case No. 96-05177 CA (32), in Miami, Miami -Dade County,
Florida; and
WHEREAS, the above claim and lawsuit has 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
City of Miami's Insurance and Self -Insurance Trust Fund and said
CM commszol?
arc op
,1U I. 1 3 1999
Heeolutfon No.
99- 491
Offices recommend that said claim and lawsuit be settled for the
sum of $40,000.00;
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 Else Espinel, 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 Else Espinel vs.
City Of Miami, in the Circuit Court of the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, Case No. 96-05177
CA (32), 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. 515001.624401.6.653.
Section 3. This Resolution shall become effective
•- 2 -
99- 491
immediately upon its adoption and signature of the Mayori/.
PASSED AND ADOPTED this 13th day of July , 1999.
JOE CAROLLO, MAYOR
in accordance with Miami Code Sec. 2-36, since the Mayor did not indir,'to approvi l of
this legislation by signing it in the designatZrom
e providod,rc:�►
becomes effective with the elapse of ten (10) the date f Ccmm,ss ac�bn
regarding same, without the Mayor�erejsln� ;� / l
ATTEST:
WALTER J. FOEMAN
CITY CLERK
TNESS:*tl
Clerk
�► 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.
- 3 -
09- 491
CITY OF MIAMI
CITY ATTORNEY' S OFFICE
MEMORANDUM
TO: Honorable Mayor and Membe
FROM: Alejandro Vilarello, City
DATE: July 2. 1999
RE: Proposed Resoluti"ff'- City Commission Meeting of July 13, 1999
Approval of Settlement in Else Espinel vs. City of Miami
Case No. 96-05177 CA (32)
41
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 $40.000.00 without the
admission of liability. The case involves a civilian employee of the police department, who was
driving a city vehicle that struck Else Espinel's vehicle at an intersection allegedly causing an
aggravation of an existing back injury.
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 $40,000.00 will be allocated from the Insurance and Self -
Insurance Trust Fund, Index Code No. 515001.624401.6.653.
Inasmuch as the potential exposure to the City on this claim is in excess of the statutory
cap, this settlement, in the amount of $40,000.00 is in the best interest of the City.
AV/JOB/ss/rcl
attachment
Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
W022AGENDA DOC
QJ- 491
CITY OF MIAMI
CITY ATTORNEY'S OFFICE -
MEMORANDUM
TO: Luie Brennan, Acting Director, Department of Management and Budget
Mario Soldevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attomeyi%
DATE: June 21, 1999
RE: Financial review and approval for Settlement
Else Espinel vs. City of Miami
Circuit Court Case No. 96-05177 CA-32
Attached is a copy of a resolution which is being placed on the City Commission
Agenda for the meeting of July 13, 1999. If approved, the matter of Else Espinel vs. City of
Miami Circuit Court Case No. 96-05177 CA-32, will be settled for $40,000.00. Funds are
available from the Self -Insurance and Insurance Trust Fund, Index Code
No. 515001.624401.6.653.
Please indicate your review and approval hereinbelow by affixing your signature and
return this original memorandum to Rita Lagace, Administrative Assistant I, Legislative
Section, of this office as soon as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
inir'l �0' ,
MARIO SOLDEVILLA
ADMINISTRATOR
W305:RCL City of Miami
Management & Budget
Date
Time �'o o (AM/eV)
Amount of$ 61,F `//G.`�� is
availab;e in account number:
5-/J'v o/ . 6 l YyDi. b. 6j-3
Verified by: PGNATURE
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
LUIE BRENNAN
ACTING DIRECTOR
99- 491