HomeMy WebLinkAboutR-99-0492J-99-583
6/2499
RESOLUTION NO. 9 9 - 4 19 2
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
HELENA NELSON, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $60,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CASE HELENA NELSON, ET. AL. VS. CITY OF
MIAMI, ET. AL., ELEVENTH JUDICIAL CIRCUIT
CASE NO. 95-24591 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 THEREFOR FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 51.5001.624401.6.653.
WHEREAS, Helena Nelson, filed a claim and lawsuit against
the City of Miami, in the Circuit Court of the Eleventh Judicial
District, Case No. 95-24591 CA (20), 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
CITY COMMISSION
MEETING OF
J U L. 13 1999
99- 492
Offices recommend that said claim and lawsuit be settled for the
sum of $60,000.00;
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 Helena Nelson, without admission of liability, the sum of
$60,000 in full and complete settlement of any and all claims and
demands against the City of Miami, for the case Helena Nelson,
et. al. vs. City Of Miami, et. al., in the Circuit Court of the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
Case No. 95-24591 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 therefor hereby allocated from the Self-
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99- 492
Insurance Trust and Insurance Fund, Index Code
No. 515001.624401.6.653.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorlj.
PASSED AND ADOPTED this 13th day of u1,__ , 1999.
JOE CAROLLO, MAYOR
'In accordance with Miami Code Sec. 2.36, since the Mayor did not Indicate approval of
this legislation by signing It in the designated pla provided, said legislation now
becomes effective with the elapse of n (10) ays m the dat�of Comma actio
regarding same, without the Mayor�rcisida� o_ . / ) , 9
ATTEST:
WALTER J. FOEMAN
CITY CLERK
AP
ATTORNEY
577:RCL:CCM
CORRECTNESS .t/'
Clerk
�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.
- 3 -
99- 492
CITY OF MIAMI
CITY ATTORNEY'S OFFICE 28
MEMORANDUM_,,
TO: Honorable Mayor and Mem rs of 1 Commission
FROM: Alejandro Vilarello, C' y Atto
DATE: July 2, 1999
RE: Proposed Resol i -Ci r mission Meeting of July 13, 1999
Approval of se ement: lena Nelson, et. al. v. Bertram P. Shapiro, et. al.
Case No.: 95-24591 (20) J-99-583
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 $60,000.00, without
admission of liability. This lawsuit by Mrs. Helena Nelson and her husband arises out of a claim
involving City paramedics' response to a call for emergency medical services. The Plaintiffs'
claim that the paramedics did not properly evaluate the seriousness of Mrs. Nelson's cardiac
condition, and did not transport her to a hospital emergency room as required by Fire Rescue
protocol when an incident such as Mrs. Nelson's occurs.
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 $60.000.00 will be allocated from the Insurance and Self
Insurance Trust Fund, Index Code No. 515001.424401.6.652.
Inasmuch as the potential exposure to the City on this claim is in excess of the statutory
cap, this settlement, in the amount of $60,000.00, is in the best interest of the City.
W013:CCM:kd
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
99- 492
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Luie Brennan, Acting Director, Department of Management and Budget
Mario SoIdevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney e.,
DATE: June 24, 1999
RE: Financial review and approval for Settlement
Helena Nelson, et. Al. Vs. Bertram P. Shapiro, et. al.
Circuit Court Case No. 95-24591 CA (20)
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 Helena Nelson, et. al. vs.
Bertram P. Shapiro, et. al., Circuit Court Case No. 95-24591 CA (20), Weill be settled for
$60,000,00. Funds are available from the Self=Insurance and Insurance Trust Fund, Index
Code No. 515001.424401.6.652.
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 TIME REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION: DEPARTMENT OF MANAGEMENT
nIY�C
MARIO SOLDEVILLA
ADMINISTRATOR _—
W307:RCL
AND BUDGET:
LUIE BRENN
DIRECTOR
Amount of $&v �'FZ• `� is
available in account number:
verified by: SIGNATURE
99-
492