HomeMy WebLinkAboutR-98-0372J-98-367
4/9/98
RESOLUTION NO. 9 8 r 372
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY REBEKKA BUCKHALT, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF
$60,000.00, AND JAMES HANNON, THE SUM OF
$9,000.00, IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, IN CIRCUIT COURT CASE
NO. 96-12493 CA (21), UPON THE EXECUTION OF
A GENERAL RELEASE RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATION FUNDS THEREFOR FROM THE INSURANCE
AND SELF-INSURANCE TRUST FUND, ACCOUNT CODE
NO. 515001.424401.6.651.
WHEREAS, REBEKKA BUCKHALT, through her attorney, and JAMES
HANNON, through his attorney, filed a claim and lawsuit against
the City of Miami, in the Circuit Court of the llth Judicial
Circuit Court, Case No. 96-12493 CA (21), for alleged negligence
and resulting personal injuries arising out of an automobile
accident that occurred on August 11 , 1995, at the intersection
of Main Highway and Royal Road in Miami, Dade County, Florida;
and
WHEREAS, the above claims 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 the claim of Rebekka
Buckhalt be settled for the sum of $60,000.00, and that the claim
CITY COM USSIGN
MUTING OF
APR 1 4 1398
Remi f"
98 -- 372
of James Hannon be settled for the sum of $9,000.00, thereby
concluding this lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay REBEKKA BUCKHALT, forthwith, without the admission of
liability, the sum of $60,000.00, and JAMES HANNON the sum of
$9,000.00, in full and complete settlement of any and all claims
and demands against the City of Miami, in Circuit Court Case
No. 96-12493 CA (21), 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. 515001.424401.6.651.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of April , 1998.
ATTEST:
WALTER J. FOEMAN
CITY CLERK
JOE CAROLLO, MAYOR
- 2 - 9g -- 372
RISK MANAGEMENT REVIEW: BUDGETARY AND MANAGEMENT
ANALYSIS REVIEW:
f -a , /
MARIO SOL E ILLA, ADMINISTRATOR DIPAK IPAItVh, D1IR2CTOR
PREPARED AND APPROVED BY:
CHARLES C. MAYS
CHIEF ASSISTANT CITY ATTORNEY
W2417/CCM/kd
APPROVED AS TO FORM AND
CORRECTNESS:
yL EDWARD MAXWE
ERIM CITY ATT EY
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation
becomes effective with the elapse of ten (10) days from the date of Commc'n action
regarding same, without the Mayo;�cercisi3g ! � � � � )
••avjuj(�oeman, city Clerk
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Walter E. Foeman DATE:
City Clerk
SUBJECT:
FROM: � REFERENCES:
Judy S. Ca",rector
Purchasing ENCLOSURES:
May 27, 1998 FILE :
Scrivener's Error in Item
CA-17 of May 26th agenda
Please be advised that a scrivener's error occurred in Item CA-17 of the May 26th
agenda. Someone on my staff inadvertently included "and installation" in the
resolution. The Miami -Dade contract regarded in the resolution does not provide
for installation services; therefore, the City cannot seek to procure installation
services from the Miami -Dade contract. Please make the appropriate corrections
in the record. Thank you in advance of your kind attention and cooperation.
C. Alejandro Vilarello, City Attorney
Carol Kelsey
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98- 372
CITY OF MIAMI, FLORIDA
TO Walter J. Foeman
City Clerk
FROM Maria J. Chiarqe-le
Assistant City Attorney
INTER-ar-FI E�II�EMORANDUM
r�C �` r
.98 11AY 29 0APe3; 7 May 28, 1998
E. is ;� ,BJF ; � Scrivener's Error
•!7'C�;ts
7,v "� Resolution No. 98-372
' I adopted April 14, 1998
REFERENCES:
ENCLOSURES:
FILE :
I have reviewed Resolution No. 98-372, which authorizes the settlement of a lawsuit filed in the
Circuit Court, Case #96-12493 CA (21) and find that the date of the incident is erroneously
stated in the first whereas clause as occurring on September 26, 1995. In actuality, September
26, 1995 is the date of the notice of claim of the incident to the State of Florida. All of the other
supporting documentation correctly states the date of the incident as August 11, 1995.
Because the date of the incident is obviously incorrect and appears to have been inserted in the
resolution inadvertently, and because it has no effect on the actual action the commission has
taken, you can correct the resolution without further action by the commission.
Various case law supports the correction of errors such as this as scrivener's error, when no
evidence exists that the requested reformation would in any way effect the rights of any of the
parties.
A mistake may be corrected when it is shown that the parties agreed on one thing but when put
in a document, they said something different. National American Ins. Co. v. Baxley By and
Through Baxley, 578 So. 2d441, (Fla. App. 1 Dist. 1991)
Therefore, please correct the date in the first whereas clause, as indicated on the attached, in
Resolution 98-372 to be August 11, 1995 rather than September 26, 1995.
Enc.
MJC/csk
98- 372
TO Honorable Mayor and Members
of the City Commission
FROM4J.' Edward Maxwel
terim City Attorney
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
33
DATE April 6, 1998 FILE LT 96-257
SUBJECT proposed Settlement Resolution
Rebekka Buckhalt v. City of Miami
Case No. 96-12493 -CA(2 1)
REFERENCES: City Commission Meeting
ENCLOSURES: April 14, 1998
Attached for your consideration is a proposed resolution which seeks Commission
approval to settle Circuit Court Case No. 96-12493 CA (21), Rebekka Buckhalt & James
Hannon v. City of Miami. It is proposed that the Buckhalt claim be settled for Sixty
Thousand Dollars ($60,000.00), and the Hannon claim be settled for Nine Thousand
Dollars, ($9,000.00), without any admission of liability. The resolution has been
submitted for the City Commission meeting of April 14, 1998.
JEM/CCM/kd/W017
98- 372
J-98-367
4/6/98
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY REBEKKA BUCKHALT, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF
$60,000.00, AND JAMES HANNON, THYAGA
$9,000.00, IN FULL AND COMPLETE S
OF ANY AND ALL CLAIMS AND DEMANDTHE CITY OF MIAMI, IN CIRCUIT CNO. 96-12493 CA (21), UPON THE EXE
GENERAL RELEASE RELEASING THE TY OF
AMI FROM ANY AND ALL CLAIMS DEMANDS;
OCATION FUNDS THEREFOR FROM IN
SELF-INSURANCE; TRUST FUND, CCU
CUDE
NO. 15001.424401.6.652.
dw
WHEREAS, REB KA BUCKHALT, thr gh her attorney, and JAMES
HANNON, through his ttorney, fi d a claim and lawsuit against
the City of Miami, in the Cuit Court of the llth Judicial
Circuit Court, Case No. - 493 CA (21), for alleged negligence
and resulting personal ries arising out of an automobile
accident that occurred Sept er 26, 1995, at the intersection
of Main Highway and oyal Road 'n Miami, Dade County, Florida;
and
WHEREAS, thgfabove claims and la suit have been investigated
by the/dand
mittee of the City torney's Office and the
Departisk Management pursuant o Ordinance No. 8417,
which e City of Miami's Insuran and Self -Insurance
Trust aid Offices recommend that t claim of Rebekka
Buckhaled for the sum of $60,000.00, tnat the claim