HomeMy WebLinkAboutR-97-0101J-97-5
1/22/97
RESOLUTION NO. 9 7 _ 10 1
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ROOSEVELT WALKER AND
ALBERTA WILSON WALKER THE SUM OF
$87,500.00, AND TO YVONNE WILSON THE SUM OF
$62,500.00, WITHOUT ANY ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, IN THE CIRCUITCOURT OF
THE ELEVENTH JUDICIAL CIRCUIT OF DADE
COUNTY, CASE NO. 94-24307 CA (30), AND CASE
NO. 94-01882 CA (27) RESPECTIVELY, 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. 620103 -653.
WHEREAS, Roosevelt Walker, Alberta Wilson Walker, and Yvonne
Wilson, through their attorney, have filed claims and/or lawsuits
against the City of Miami in the Circuit Court of the Eleventh
Judicial Circuit of Dade County, Florida, Case No. 94-24307 CA
(30), and Case No. 94-01882 CA (27), for a vehicular accident
between a City of Miami police vehicle and the automobile in
which the claimants were riding at the intersection of Northwest
11th Street and 3rd Avenue, Miami, Florida; and
WHEREAS, the above claims and/or. lawsuits have been
investigated by the Tort Committee of the City Attorney's Office
and the Division of Risk Management pursuant to Ordinance No.
CITY CQYMBgIoN
MEETING OF
FEES 2 0 1997
Resolution No.
97-- 101
�8417, which created the City of Miami Self -Insurance and
Insurance Trust Fund; and
WHEREAS, said Offices recommend that the sums of $87,500.00
and $62,500.00 be paid, without any admission of liability, in
full and complete settlements of any and all claims and demands
against the City of Miami in the Circuit Court of the Eleventh
Judicial Circuit of Dade County, Florida, Case No. 94-24307 CA
(30) and Case No. 94-01882 CA (27); and
WHEREAS, funds are available from the City of Miami
Self -Insurance and Insurance Trust Fund for the payment of said
settlements;
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 Roosevelt Walker and Alberta Wilson Walker the sum of
$87,500.00, 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 the Eleventh Judicial
Circuit of Dade County, Florida, Case No. 94-24307 CA (30), 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
2-
97-- 101
r, ,
Self -Insurance and Insurance Trust Fund, Index Code
No. 620103-653.
Section 3. The Director of Finance is hereby authorized to
pay to Yvonne Wilson the sum of $62,500.00, 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 the Eleventh Judicial Circuit of Dade County, Florida, Case
No. 94-01882 CA (27), 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. 620103-653.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 20th da Febr ry 1997.
PrOIROLLO, MAYOR
ATTEST:
WALTER POEMAN
CITY CLERK
SELF-INSURANCE TRUST FUND REVIEW: BUDGETARY REVIEW. -
FRANK K. ROLLASON, MICHAEL tiKVIN
DEPUTY CHIEF FINANCE DIRECTOR
CHIEF OF RISK MANAGEMENT
3-
97- 101
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To : Tort Committee Members
Law Department
FROM : Theresa L. Girten, Asst. City Attorney
David Z. Stone, Asst. City Attorney 'y2
DATE . January 6, 1997 FILE
SURJECT : Walker vs. City, Case No. 94-24307 CA 30
Wilson vs. City, Case No. 94-01882 CA 27
D/I: January 20, 1994
REFERENCES Claims No. 017/V-94-085
ENCLOSURES
REQUEST FOR SETTLEMENT AUTHORITY
This case involves an intersectional automobile accident between a City of Miami Police
vehicle and the Plaintiffs. A tentative settlement has been reached pending Commission approval.
FACTS
Officer Jose Antonio Rodriguez was responding to a officer in distress call when he leaned
down to put on his lights and siren and ran the red light at the intersection of N.W. 3`a Avenue
and 1lfl' Street. The police cruiser collided with the 1991 Chevrolet pickup truck driven by
plaintiff Roosevelt Walker. His wife, Alberta Wilson Walker, and daughter-in-law, Yvonne
Wilson, were passengers in the vehicle. Mr. Walker is a bishop at the church located at that
intersection and the family was on the way to a church service. Mrs. Walker sings in the church
choir. The impact from the collision was quite severe as depicted by the pictures taken at the
scene which are attached. The officer admitted he was traveling at a high rate of speed at the time
of the impact. The Walkers are both in their sixties and are quite sympathetic.
9'7- 10:1
Tort Committee Members Roosevelt uc Alberta Walker vs. City
January 6, 1997 Yvonne Wilson vs. City
Page 2 Claim No. 017/V-94-085
MEDICAL
Fire Rescue was called to the scene of this accident and both of the Walkers were
transported to JMH where they were treated and released. As a result of this accident, Mr.
Walker sustained a torn medial meniscus of the left knee for which surgery was performed. He
has approximately $27,000.00 in outstanding medical bills. Both plaintiffs are insulin controlled
diabetics. In this accident, Mrs. Walker suffered injuries to her neck and low back and has
approximately $15,000.00 in outstanding medical bills.
Yvonne Wilson was a rear passenger in the vehicle and was seated directly behind the
driver. Upon impact, the driver's seat collapsed backwards, striking Ms. Wilson on various areas
of her body. Ms. Wilson subsequently had to undergo surgery on her left shoulder due to severe
i
i
trauma to her left arm. She required a great amount of physical therapy however, she still has not
regained full use of her left arm. Her medical bills total approximately $40,000.00.
s
CONCLUSION/ANALYSIS f
Y
A
I
This is a case of 100% liability against the CITY. There is no evidence of comparative
negligence against the plaintiff driver. The officer all but admitted liability for the accident in his
deposition when he stated that he ran the red light because he leaned down to turn on his lights
and siren while driving at a high rate of speed in order to respond to the officer in distress call.
The plaintiffs are elderly, religious people who will be most sympathetic to the jury. The
plaintiffs, Roosevelt and Alberta Walker, have agreed to settle both claims in the amount of
$87,500.00. Yvonne Wilson has agreed to a settlement in the amount of $62,500.00. Based
TW:LB:WOOI.doc
97- 101
Tort Committee Members
January 6, 1997
Page 3
Roosevelt .x Alberta Walker vs. City
Yvonne Wilson vs. City
Claim No. 017/V-94-085
upon knowledge of jury verdicts in Dade County, a jury would likely award the plaintiffs well in
excess of $300,000.00. We therefore recommend this settlement as being in the best interest of
the CITY and request settlement authority for Roosevelt and Alberta Walker in the amount of
$87,500.00 and Yvonne Wilson in the amount of $62,500.00.
PPRO /DISAPPROVED:
A. QU JONES`, III
C! YATTORNE'Y
CHARLES C. MAYS ' °
CHIEF ASSISTANT CITY ATTORNEY
W ,' N BITTNER
AS ISTANT CITY ATTORNEY
CHRISTOPHER F. KURTZ
ASSISTANT CITY ATTORNEY
FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
TLG:LD:W001.doc
97- 101
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CITY OF MIAMI, FLORIDA 26
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE : January 22, 1997 FILE : J-97-5
of the City Commission
�� Ae"/) �I
FROM :A Quinn Joe , III
City Attomw
SUBJECT : Proposed Settlement
Walker v. City, Case No. 94-24307 CA 30
Wilson vs. City, Case No. 94-01882 CA 27
REFERENCES: City Commission Meeting -February 13, 1997
ENCLOSURES:(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. 94-24307 CA (30)
Roosevelt Walker and Alberta Wilson Walker- vs. City of Miami, in the amount of $87,500.00,
and Case No. 95-01882 CA (27) Yvonne Wilson vs. City. of Miami, in the amount of $62,500.00.
Funds are available from the City of Miami Self -Insurance and Insurance Trust Fund, Index Code
No. 620101-653.
A complete analysis and description of this case is fully set forth in the memorandum to the
Members of the Tort Committee previously transmitted to you.
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/lb/ss
attachment
TLG:LB:W002.doc
97- 101 1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM -
TO Tort Committee Members DATE January 6, 1997 FILE
Law Department
FROM Theresa L. Girten, Asst. City Attorney
David Z. Stone, Asst. City AttorneyT�
SUBJECT . Walker vs. City, Case No. 94-24307 CA 30
Wilson vs. City, Case No. 94-01882 CA 27
D/1: January 20, 1994
REFERENCES Claims No. 017N-94-085
ENCLOSURES:
REQUEST FOR SETTLEMENT AUTHORITY
This case involves an intersectional automobile accident between a City of Miami Police
vehicle and the Plaintiffs. A tentative settlement has been reached pending Commission approval.
FACTS
Officer Jose Antonio Rodriguez was responding to a officer in distress call when he leaned
down to put on his lights and siren and ran the red light at the intersection of N.W. 3`d Avenue
and 11`h Street. The police cruiser collided with the 1991 Chevrolet pickup truck driven by
plaintiff Roosevelt Walker. Ms wife, Alberta Wilson Walker, and daughter-in-law, Yvonne
Wilson, were passengers in the vehicle. Mr. Walker is a bishop at the church located at that
intersection and the family was on the way to a church service. Mrs. Walker sings in the church
choir. The impact from the collision was quite severe as depicted by the pictures taken at the
scene which are attached. The officer admitted he was traveling at a high rate of speed at the time
of the impact. The Walkers are both in their sixties and are quite sympathetic.
?
97- 101 i
Tort Committee Members �' Rooseve Alberta Walker vs. City
January 6, 1997 Yvonne Wilson vs. City
Page 2 Claim No. 017N-94-085
MEDICAL,
Fire Rescue was called to the scene of this accident and both of the Walkers were
transported to JMH where they were treated and released. As a result of this. accident, Mr.
Walker sustained a torn medial meniscus of the left knee for which surgery was performed. He
has approximately $27, ' .00 in outstanding medical bills. Both plaintiffs are insulin controlled
diabetics. In this accident, Mrs. Walker suffered injuries to her neck and low back and has
aL
approximately $15,000.00 in outstanding medical bills.
Yvonne Wilson was a rear passenger in the vehicle and was seated directly behind the
driver. Upon impact, the driver's seat collapsed backwards, striking Ms. Wilson on various areas
of her body. Ms. Wilson subsequently had to undergo surgery on her left shoulder due to severe
trauma to her left arm. She required a great amount of physical therapy however, she still has not
regained full use of her left arm. Her medical bills total approximately $40,000.00.
CONCLUSIONVAPIALYSIS
This is a case of 100% liability against the CITY. There is no evidence of comparative
negligence against the plaintiff driver. The officer all but admitted liability for the accident in his
deposition when he stated that he ran the red light because he leaned down to turn on his lights
and siren while driving at a high rate of speed in order to respond to the officer in distress call.
The plaintiffs are elderly, religious people who will be most sympathetic to the jury. The
plaintiffs, Roosevelt and Alberta Walker, have agreed to settle both claims in the amount of
$87,500.00. Yvonne Wilson has agreed to a settlement in the amount of $62,500.00. Based
TLG:LB:WOO I.doc
8
97- 101
AL
ti
Tort Committee Member
January 6, 1997
Page 3
Roost . & Alberta Walker vs. City
Yvonne Wilson vs. City
Claim No. 017N-94-085
upon knowledge of jury verdicts in Dade County, a jury would likely award the plaintiffs well in
excess of $300,000.00. We therefore recommend this settlement as being in the best interest of
the CITY and request settlement authority for Roosevelt and Alberta Walker in the amount of
$87,500.00 and Yvonne Wilson in the amount of $62,500.00.
PRO /DISAPPRO'VED:
CHIEF ASSPTANT CITY ATTORNEY
WARREN BITTNER
AS. ISTANT CITY ATTORNEY
CHRISTOPHER F. KURTZ
ASSISTANT CITY ATTORNEY
FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
TLG:LB:W001.doc
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