HomeMy WebLinkAboutR-98-0405J-98-381
4/6/98
RESOLUTION NO. 9 8_ 4 0 5
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY MILAGROS DEL CASTILLO AND
ERNESTO DEL CASTILLO, PLAINTIFFS, THE SUM OF
$100,000.00 AND THE SUM OF $10,000.00, AND
POST -JUDGMENT INTEREST, RESPECTIVELY, IN FULL
AND COMPLETE SATISFACTION OF ANY AND ALL
CLAIMS, DEMANDS AND JUDGMENTS AGAINST THE
CITY OF MIAMI, PURSUANT TO THE FINAL
JUDGMENTS ENTERED FOR PLAINTIFFS, AS ORDERED
BY JUDGE MURRAY GOLDMAN OF THE ELEVENTH
JUDICIAL CIRCUIT COURT, IN CASE NO. 95-22501
CA 30; ALLOCATING FUNDS THEREFOR FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.424401.6.653.
WHEREAS, MILAGROS DEL CASTILLO and ERNESTO DEL CASTILLO,
through their attorneys, filed a lawsuit against the City of
Miami alleging negligence against the Department of Public Works
for planting a palm tree too close to a stop sign, thereby
obstructing said stop sign and causing a motor vehicle accident
where MILAGROS DEL CASTILLO was seriously injured; and
WHEREAS, a verdict against the City of Miami in the above
lawsuit was entered on November 24, 1997, and Final Judgments
were entered on December 9, 1997, and March 24, 1998, by Murray
Goldman of the Eleventh Judicial Circuit; and
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WHEREAS, on January 23, 1998, the Court denied the City of
Miami's Motion for Remittitur or New Trial on Damages;
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 to MILAGROS DEL CASTILLO the sum of $100,000.00, pursuant to
court order, in full and co.m�plete satisfactic : :.f the Final
Judgment for Plaintiff in Case No. 95-22501 CA 30, with funds
therefor hereby allocated from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.424401.6.653.
Section 3. The Director of Finance is hereby authorized to
pay ERNESTO DEL CASTILLO the sum of $10,000.00, plus post -
judgment interest, pursuant to court order, in full and complete
satisfaction of the Final Judgment for Plaintiff in Case
No. 95-22501 CA 30, with funds therefor hereby allocated from the
Self -Insurance and Insurance Trust Fund, Index Code
No. 515001.424401.6.653.
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Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of April 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indi^ate approval of
this legislation by signing it in the d'osignatsd place provider, said legisluti-
becomes effective with the elapse of ten (10) days from the date of Commis;;icn
regarding same, without the Mayor exerd ' veto
ATTEST:
r J. �a man, City Clerk
WALTER J. FOEMAN, CITY CLERK
SELF-INSURANCE TRUST FUND REVIEW:
MARIO SOLDEVILLA
RISK MANAGEMENT ADMINISTRATOR
BUDGET MANAGEMENT ANALYSIS REVIEW:
At 14
DIPAK PAPmffm, DIRECTOR
PREP RED PPROVED BY:
?fir CL
CLARA H . AR.ANDA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J EL EDWARD MAXWELL
INTERIM CITY ATTORNEY
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