HomeMy WebLinkAboutR-98-0053J-97-866
12/2/97
RESOLUTION NO. — 53
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY ENA GARCIA, WITHOUT ADMISSION
OF LIABILITY, THE SUM OF $60,000.00 IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT, CASE NO. 97-6795-CA(02),
UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS; ALLOCATING FUNDS
THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE
NO. 515001.424401.653.
WHEREAS, Ena Garcia, through her attorney, filed a claim and
lawsuit against the City of Miami, in the Circuit Court of the
Eleventh Judicial Circuit, Case No. 97-6795 CA(02), for alleged
negligence arising out of a broken hip sustained on February 2,
1996, as a result of stepping into a hole located at
1035 Southwest 23rd Avenue, in Miami, Dade County, Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of the City Attorney's Office and the
Department of Risk Management pursuant to Ordinance No. 8417,
which created the City of Miami's Insurance and Self -Insurance
Trust Fund, and said 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:
CM COMMEEK
�G OF
JAN 13 1998
S.,
98- 53
Section 1. The Director of Finance is hereby authorized
to pay Ena Garcia, forthwith, without the admission of liability,
the sum of $60,000.00 in full and complete settlement of any and
all claims and demands against the City of Miami, in the Circuit
Court of the Eleventh Judicial Circuit, Case No. 97-6795-CA(02),
upon the execution of a general release, in a form acceptable to
the City Attorney, releasing the City of Miami from any and all
claims and demands, with funds therefor hereby allocated from the
Insurance and Self -Insurance Trust Fund, Index Code
No. 515001.424401.653.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 13th
ATTEST:
WALTER j(_,p6EMAN, CITY CLERK
SELF-INSURANCE AND INSURANCE
T77,71,
W.
MARIO SOLDEVILLA
RISK MANAGEMENT ADMINISTRATOR
PREPARED AND APPROVED BY:
�L I - YL,
CHAkLES C. MAYS
CHIEF ASSISTANT CI ATTORNEY
W2048:BSS:CCM
day of January
. 1997.
VIER L. SUAREZ, MAYOR
cy
BUDGET AND MANAGEMENT
ANA SIS REVIEW:
y
DIP PAREKH, DIRECTOR
APPROVED AS TO FORM AND
CORRECTNESS:
A. NN 69MS, II
CI ATTEY
- 2 -
98- 53
CITY OF MIAMI, FLORIDA 23
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE: December 24, 1997 FILf7-97-866
of the City Commission
SUBJECT: Ena Garcia vs. City of Miami
Circuit Court Case
No. 97-6795 CA(02)
FROM: A� inn J n S III REFERENCES:
City Atto y
ENCLOSURES: (1)
The attached resolution seeks Commission approval to settle
the above referenced lawsuit against the City of Miami for
negligence in the amount of $60,000F.00, without an admission of
liability. The lawsuit is brought by Ena Garcia for serious
physical injuries she sustained as a result of stepping into an
uncovered hole created during trash collection services.
Funds for said settlement are available from the Self -
Insurance and Insurance Trust fund, Index Code No. 424401-653.
BSS:W161
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