HomeMy WebLinkAboutR-99-0885J-99-819
9/17/99
RESOLUTION N0. v 9- 8 8 5
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
CATHERINE DARDEN YOUNG, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $49,900, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CASE CATHERINE DARDEN YOUNG VS. CITY OF
MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 95-16169 CA (10),
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.G53.
WHEREAS, Catherine Darden Young, filed a claim and lawsuit
against the City of Miami, in the Circuit Court of the Eleventh
Judicial District, Case No. 95-16169 CA (10), 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 COM USSION
MEETING OF
Resolution No.
Offices recommend that said claim and lawsuit be settled for the
sum of $49,900.00;
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 Catherine Darden Young, without admission of liability,
the sum of $49,900 in full and complete settlement of any and all
claims and demands against the City of Miami, for the case
Catherine Darden Young vs. City Of Miami, in the Circuit Court of
the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No. 95-16169 CA (10), 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 - )Q�- �
14
5,•.
immediately upon its adoption and signature of the Mayoril.
PASSED AND ADOPTED this 6 h day of Navemh r , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indica"-
this legislation by signing it in the designated place
becomes effective with the elapse of ten (10) days t;c,
regarding same, without the Mayor exercising t .ic
ATTEST:
1Valt r J. F a ity Clerk
WALTER J. FOEMAN
CITY CLERK
3S 6
�i If the Mayor does not sign this Resolution, it shall become effective at
the end of ter, 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.
0
CITY OF MIAIVII 0
CITY ATTORNEY'S OFFICI
MEMORANDUM
TO: Mayor and Members of thooe
FROM: Alejandro Vilarello,
.DATE: October 7, 1999 Y
RE: Proposed Resol7em:
Commission Meeting of October 26, 1999
Approval of settatherine Darden Young vs. City of Miami
Case No. 95-1610)
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 Forty Nine Thousand Nine Hundred
Dollars ($49,900.00). This lawsuit was brought by Catherine Darden Young, who alleges serious
injuries to her knee and to her back. Ms. Young states that she was unable to work for a year after her
vehicle collided with a police cruiser which was parked in the middle (third lane) of I-95 near the exit
for 79' Street without its lights illuminated on a Tuesday morning at approximately 1:30 a.m. Her
medical bills are approximately $42,000.
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.
Inasmuch as the potential exposure to the City on this claim is in excess of the statutory cap, this
settlement, in the amount of Forty Nine Thousand Nine Hundred Dollars ($49,900.00), is in the best
interest of the City.
Funds in the amount of Forty Nine Thousand Nine Hundred. Dollars ($49,900.00) are available
from the Insurance and Self Insurance Trust Fund, Index Code No. 515001.424401.6.652 for this
settlement.
Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
MKIYoung/Memo/W0I4 Mayor&CityComm/rd V , ._ ��
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 Attorney
DATE: October 7, 1999
RE: Financial review and approval for Settlement
Proposed Resolution -City Corrunission Meeting of October 26, 1999
Approval of settlement: Catherine Darden Young vs. City of Miami
Case No. 95-16169 CA (10)
Attached is a copy of a resolution which is being placed on the City Commission Agenda
for the meeting of October 26, 1999. If approved, Catherine Darden Young vs. City of Miami, 1 Ith
Judicial Circuit Court Case No. 95-16169 CA 0 0) will be settled for $49,900.00. 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, of this office as soon
as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
.
MARIO SOLDF.VILLA
ADMMSTRATOR
W360:RCL
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGE
LUIE BRENNAN
ACTING DIRECTOR
City of Miami
Management & Budget
Date
Time f.� !PM)
Amount of3�,DDU is
available In accc-�-number:
by: SIGMTURIE
99- 885