HomeMy WebLinkAboutR-97-0018J-97-019
12/23/96
RESOLUTION NO. 9. 7 — 18
A RESOLUTION AUTHORIZING THE DIRECTOR OF
j FINANCE TO PAY TO MATILDE S. PARRA, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF
I AURELIA PEREZ, DECEASED, WITHOUT ADMISSION
OF LIABILITY, THE SUM OF $40,000.00 IN FULL
I AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, IN THE CIRCUIT COURT OF DADE COUNTY,
CASE NO. 95-04362 CA 01, 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. 620103-651.
WHEREAS, Matilde S. Parra, as Personal Representative of the
Estate of Aurelia Perez, deceased, through her attorney, has
filed a claim and lawsuit against the City of Miami in the
Circuit Court of Dade County, Florida, Case No. 95-04362 CA 01,
for negligence arising out of an automobile accident; and
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of the City Attorney's Office and the
Division of Risk Management pursuant to Ordinance No. 8417, which
created the City of Miami Self -Insurance and Insurance Trust
Fund; and
WHEREAS, said Offices recommend that the sum of $40,000.00
be paid, without any admission of liability, in full and complete
I
I
settlement of any and all claims and demands against the City of
Miami in the Circuit Court of Dade County, Florida, Case No.
95-04362 CA 01; and
CITY C014MSSTON
MEETING of
Resolution No.
y�
131
WHEREAS, funds are available from the City of Miami Self -
Insurance and Insurance Trust Fund for the payment of said
settlement;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA
Section 1. The recitals and findings set forth 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 Matilde S. Parra, as Personal Representative of the Estate
of Aurelia Perez, deceased, the sum of $40,000.00, 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. 95-04362 CA 01,
upon the execution of a General Release releasing the City of
Miami from any and all claims and demands, with funds therefor
hereby allocated for said settlement from the City of Miami Self -
Insurance and Insurance Trust Fund, Index Code No. 620103-651.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 16th day of January 1997.
J CAROLLO, MAYOR
ATTEST!
CITY CLERK
97 18
RISK MANAGEMENT REVIEW:
FRANK K. ROLLASON, DEPUTY CHIEF
RISK MANAGEMENT DIVISION
BUDGETARY REVIEW:
MICHAEL V
DIRECTOR OF FINANCE
PREPA)RZ96' AND I PRO E9�3Y:
-DAVID Z. STONE
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
W1339/DZS/ss
97- 18
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Members of the Tort Committee
FROM : David Z . Stone
Assistant City Attorney
DATE : September 17, 1996 FILE :.L-95-063
SUBJECT: Estate of Aurelia Perez v. City
Case No. 95-4362 CA 01
Claim No. 011/GL94025
D/A: December 15, 1993
ES REFERENC/A: S.W. 19th Terrace
ENCLOSURES: and 30th Avenue
FACTS:
Trial is set in this case for the two -week trial period
commencing December 9, 1996.
On December 15, 1993, Aurelia Perez was driving her car in a
southerly direction on S.W. 30th Avenue at the intersection of
S.W. 19th Terrace. Driving as a passenger in the car was Ms.
Perez's aunt, Maria Tamayo. The two had never been in this area
before and were on their way to spend a day of shopping together.
At approximately 1:00 p.m., Ms. Perez's vehicle entered the
intersection of S.W. 30th Avenue and S.W. 19th Terrace and j
collided with a vehicle which was traveling east on S.W. 19th
Terrace. Upon the impact, Ms. Perez's vehicle spun out of
control, hit and uprooted a tree on the southeast corner of S.W.
30th Avenue and S.W. 19th Terrace. The weather was clear and the
road surface was dry at the time of the accident.
Both Ms. Perez and Ms. Tamayo were knocked unconscious from the
collision. They were transported to Jackson Memorial Hospital
where Ms. Perez subsequently died. The Dade County Medical
Examiner listed the cause of death as a blunt abdominal trauma
due to this accident.
Because the accident involved a death, City of Miami Traffic i
Homicide did a complete investigation at the scene of the
accident and composed a traffic Fatality Report. The City of
Miami police investigator concluded in his report that, "The
primary cause of the accident was ... because a tree was blocking i
the stop sign." Additionally, the police officer who wrote the
accident report for this incident stated in the narrative section
of that report that the stop sign was blocked by a tree to
drivers heading southbound on S.W. 30th Avenue. j
97- 18 {
R
Members of the Tort-omnittee
Septc..iDer 17, 1996
Page -2-
The estate of Aurelia Perez is represented by her sister, Matilde
S. Parra and her parents, Jose Perez and Gloria M. Perez. At the
time of her death, Aurelia Perez was 65 years old, widowed and
was employed as a seamstress. Her parents both in their 90s
relied upon her to care and provide them with financial
assistance. Ms. Perez helped her parents bathe, administered
medicine and helped with such household chores as cooking,
cleaning, and laundry. Ms. Perez's parents are extremely
likeable people. They are in deep depression over the loss of
their daughter and will certainly elicit a great deal of sympathy
from a jury on the issue of pain and suffering. They also
incurred their daughter's medical expenses from this incident
(Jackson Memorial Hospital $22,755.46 as well as funeral expenses
$2,800.00).
The Plaintiffs are being represented by Jorge Borron, Esq. of
Alvarez, Armas & Borron, P.A. located at 255 University Drive,
Coral Gables, Florida 33134.
The stop sign was located on the northwest corner of the
intersection of S.W. 30th Avenue and S.W. 19th Terrace. The sign
was located on the swale area (i.e. area between the street and
the sidewalk) which is maintained and controlled by the City of
Miami. The tree which was blocking the view of the stop sign,
was also located on the swale area. The Department of Public
Works has indicated that they maintain this swale area. They cut
the grass as well as trim the trees. In short, the City bears
responsibility of providing a clear view of the stop sign by
pruning the tree that obstructs it. The City did not do that in
this instance.
The traffic Fatality Report as well as the police report (both
prepared by City of Miami police officers) attribute the cause of
this accident to the stop sign being obscured by a tree.
Liability is clearly adverse to the City. Additionally, Florida
case law on this issue provides that municipalities bear
responsibility for foliage blocking stop signs when that foliage
emanates from City maintained property.
A jury in this case could easily find that the City's liability
exceeds the 80% level, assuming that they find any liability on
the part of the driver which is not likely. Additionally, a cap
verdict of $100,000.00 in a death claim such as this one is
easily foreseeable. After a long and arduous negotiation, the
Plaintiffs agreed to settle this case in the amount of
$40,000.00. I fully believe that if this case went to a jury, a
ss:WO09TOR,r.Doc
97-
18
Members of the Tort -ommittee
Septt—mer 17, 1996
Page -3-
verdict well over $80,000.00 would be attained. As such, I
j
eco d this case be settled in the amount of $40,000.00.
RO D/DISAPPROVED - Authority to settle in the amount of
4 00.00.
CHIFSISTANT CITY ATTORNEY
N M. FIRTER
ISTANT CITT XTTORNEY
CH ISTOPHER F. KURTZ
ASSISTANT CITY ATTORNEY
WAPJW,N BITTNER
ASS'STANT CITY ATTORNEY
TH SA L. GIRTEN
ASSISTANT CITY ATTORNEY
FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
DZS/ss
SSM009TORT.DOC
97- 18
4
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM 41 e__�7
A. inn
City Att
IMea-11111
s, III
DATE : December 23, 1996 FILE : J-97-019
SUBJECT : Proposed Settlement
Estate of Aurelia Perez v. City
Case No. 95-04362 CA 01
REFERENCES: City Commission Meeting
January 9, 1997
ENCLOSURES : c 1
The attached proposed Resolution is being submitted for your
consideration to authorize a settlement, without any admission of
liability, in full and complete settlement of any all claims and
demands against the City of Miami, in Dade County Circuit Court
Case No. 95-04362 CA 01 Ma _i. de Par-raTas n _=Qnal
]RPp-rP_.q _ntat-j-ve df the Estate of Aurt-1ia_ Perez, .deceased vs.. City
of Miami-, in the amount of $40,000.00. Funds are available from
the City of Miami Self -Insurance and Insurance Trust Fund, Index
Code No. 620103-651.
A complete analysis and description of this case is fully set
forth in the attached memorandum to the Members of the Tort
Committee.
This claim has been investigated by the Division of Risk
Management and evaluated by the Tort Committee and it is agreed
that the settlement is in the best interest of the City.
AQJ/ss
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