HomeMy WebLinkAboutR-98-0093J-98-70
1/21/98
RESOLUTION NO. 9 8 — 93
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY EMMA THOMAS, THE SUM OF
$65,000.00, WITHOUT ANY ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI IN THE CIRCUIT COURT OF DADE
COUNTY, FLORIDA, CASE NO. 92-26666-CA (15),
UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR
FROM THE CITY OF MIAMI SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE
NO. 515001.424401.651.
WHEREAS, Emma Thomas, as the natural mother and legal
guardian of Gary L. Thomas, a minor, through her attorney, has
filed a claim a lawsuit against the City of Miami, in the Circuit
Court of Dade County, Florida, Case No. 92-26666-CA (16) for an
injury he sustained on December 6, 1990; and
WHEREAS, pursuant to Ordinance No. 8417, the above claim and
lawsuit have been investigated by the Tort Committee of the City
Attorney's Office and the Division of Risk Management; and
WHEREAS, said Offices recommend that the sum of $65,000.00
be paid without any admission of liability;
cm comassion
MEETING OF
JAN 2 7 1998
Resolution No.
�- 93
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 Emma Thomas, as the natural mother and legal guardian of
Gary L. Thomas, a minor, the sum of $65,000.00, without any
admission of liability, in full and complete settlement of any
and all claims and demands against the City of Miami in the
Circuit Court of Dade County, Florida, Case No. 92-26666-CA (15),
upon the execution of a general release releasing the City of
Miami from any and all claims and demands, with funds therefor
hereby allocated from the City of Miami Self -Insurance and
Insurance Trust Fund, Index Code No. 515001.424401.651.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th day of January 1998.
XAVIER L. UAREZ, MAYOR
r
-2- 98- 93
RISK AGEMENT REVIEW:
MARIO E. SOLDEVILLA
RISK MANAGEMENT ADMINISTRATOR
BURM ANAGEMENT ANALYSIS REVIEW:
W DIPA PR DIRECTOR
BUDGET AND MANAGEMENT ANALYSIS
PREPA D AND
APPROVED BY:
CHRISTOPHER F. KURTZ
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A. Q JONRA, III
CITY ATTO
CFK/bss/pb/W2168
-3-
98- 93
TO: Honorable Mayor and Members
of the City Commission
FROM: A. Q rill Jo es II
City Atto
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE:
CA-2
J-98-70
January 16, 1998 FILE: LT-93-003
SUBJECT: Emma Thomas v. City of Miami
Case No. 92-26666-CA (15)
Claim No. 017N-91-044
REFERENCES:
ENCLOSURES:
Attached is a proposed Resolution authorizing the Director of Finance to pay Emma
Thomas without admission of liability, the sum of $65,000.00, in full and complete settlement of
any and all claims and demands against the City of Miami upon the execution of a Release of All
Claims, releasing the City of Miami from any and all claims and demands.
The complete evaluation of this claim is contained in the Tort Committee settlement
memorandum, previously distributed to you.
This claim has been investigated by the Tort Committee and the Division of Risk
Management, and is hereby recommended by this Office.
CFK/BSS/pb/W032
98_ 93