HomeMy WebLinkAboutR-97-0187F
J-97-137
2/13/97 9 7 - 1 S
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ESPERANZA OBANDO, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF
$35,000.00 IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, IN THE CIRCUIT COURT OF
DADE COUNTY, CASE NO. 95-21234 CA 30, 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, Esperanza Obando, through her attorney, has filed a
claim and lawsuit against the City of Miami in the Circuit Court
of Dade County, Florida, Case No. 95-21234 CA 30, 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 $35,000.00
be paid, 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-
21234 CA 30; and
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CoNT ACNE®
CITY COMMISSION
MEETING OF
MAR 2 0 1997
Resolution No.
97 - i87
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 Esperanza Obando the sum of $35,000.00, 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. 95-21234 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 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 20th day of March 1997.
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97- 187
RISK MANAGEMENT REVIEW:
FRANK K. ROLLASON, DEPUTY CHIEF
RISK MANAGEMENT DIVISION
BUDGETARY REVIEW:
MICHAEL LA IN
DIRECTOR OF FINANCE
PREP D AND APPROVED BY:
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CHARLES C. MAY
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FOW AND CORRECTNESS:
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9'7 - 187
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Members of the Tort Committee DATE February 21, 1997 FILE LT-95-276
SUBJECT
Esperanza Obando v. City of Miami
^ Circuit Court Case 95-21234 (30)
FROM Charles C. Mays "�� REFERENCES
Chief Assistant City Attorney
ENCLOSURES
SETTLEMENT MEMORANDUM
The plaintiff, Esperanza Obando, was driving eastbound at approximately 30
miles -per -hour on Northwest 14t' Street when her vehicle was struck by a police car at the
intersection of Northwest I" Avenue. Although the officer was not issued a ticket, there
is no question that the officer was at fault by failing to yield the right-of-way. (Indeed, the
officer was reprimanded for causing a preventable accident, and the officer agreed with the
reprimand.) Liability, therefore, is adverse to the City and there is no legal basis for
attributing any fault to Ms. Obando.
Although Ms. Obando was wearing a seatbelt, the force of the impact caused her
head to shatter the windshield. She sustained orthopedic related injuries as well as some
memory impairment and decreased ability to concentrate. As for the orthopedic injuries,
she was rated with a 10-to 15 percent partial permanent impairment. Her medical expenses
are approximately $15,000. (It must be kept in mind that in addition to recovering
medical expenses, a jury is also entitled to award Ms. Obando damages for pain and
suffering and similar intangible items of compensable damages.)
After lengthy negotiations, the City has offered Ms. Obando $35,000 to settle this
lawsuit, without an admission of liability. For the reasons set forth hereinabove, it is
strongly recommended that this settlement be approved.
PRO /DISAP PROVED::
A. Q ' r
City Attorne
bwEspowm obando .doo
97- 187
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a n t ner
A stant City Attorney
Christopher F. Kurtz
Assistant City Attorney
Theresa L. Girten
Assistant City Attorney /
avid Z. Stone
Assistant City Y
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97-. 187
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CITY OF MIAMI, FLORIDA
i
INTER -OFFICE MEMORANDUM 34
Honorable Mayor and Members
TO : of the City Commission
i
FROM: A. Q nn o e , II
City Atto
DATE March 20, 1997
SUBJECT : Proposed Settlement
Esperanza Obando v. City
Case No. 95-21234 (30)
REFERENCES:
ENCLOSURES:
FILEJ-97-137
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 and all claims
and demands against the City of Miami, in Dade County Circuit Court Case No. 95-21234 CA 30
Esperanza Obando v. City of Miami, in the amount of $35,000.00. 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.
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