HomeMy WebLinkAboutR-97-0756J-97-749
10/16/97
RESOLUTION NO. 9 7- 756
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO JULIO LOPEZ, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF MARIA DE
JESUS CARMONA, 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 THE ELEVENTH
JUDICIAL CIRCUIT OF DADE COUNTY, CASE
NO. 94-23837 CA (13), 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. 424401-653.
WHEREAS, Julio Lopez, as Personal Representative of. the
Estate of Maria de Jesus Carmona, through his attorney, has filed
a lawsuit against the City of Miami in the Circuit Court of the
Eleventh Judicial Circuit of Dade County, Florida, Case
No. 94-23837 CA (13) , for wrongful death of the deceased, Maria
de Jesus Carmona; and
WHEREAS, the above lawsuit has been investigated by the Tort
Committee of the City Attorneys 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
settlement of any and all claims and demands against the City of
ciTY comaSSION
MEETING OF,
OCT 2 8 1997
Resolution No.
97- 756
Miami in the Circuit Court of the Eleventh Judicial Circuit of
Dade County, Florida, Case No. 94-23837 CA (13); and
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 Julio Lopez, as Personal Representative of the Estate
of Maria de `Jesus Carmona, 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 the Eleventh Judicial Circuit 'of Dade County,
Florida, Case No. 94-23837 CA (13), 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. 424401-653.
Section 3. This Resolution shall become effective
immediately upon its adoption.
97- 756
- 2 -
PASSED AND ADOPTED this 28th day of Oc
A E
WALTER J.rF6EAAN
CITY CLERK
77AGEMENT REV EW:
t
MARIO E. SOLDEVILLA
RISK MANAGEMENT ADMINISTRATOR
P EPARED AND APPROVED BY:
CHARLES C. MAYS_
CHIEF ASSISTANT CITY ATTORNEY
W1951/CCM/kd
JOE
r
MAYOR
1997.
BUDGETARY AND MANAGEMENT
ANALYS REVIEW:
biPAKVPAREKH, DIRECTOR
APPROVED AS TO FORM AND
CORRECTNESS:
INN NES, II
CI Y AT EY AN
9?- 756
-3-
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
A/Quinn Jo s II
City Attorn
14
DATE: October 17, 1997 FILE: J-97-749
SUBJECT: Proposed Settlement Resolution
Julio Lopez, as Personal Representative of
the Estate of Maria De Jesus Carmona
REFERENCES:
ENCLOSURES: City Commission Meeting, October 28, 1997
Attached for your consideration is a proposed resolution that seeks Commission approval
to settle Circuit Court Case No. 94-23837 CA(13), Julio Lopez, as Personal
Representative of the Estate of Maria De Jesus Carmona, et. al. vs. City of Miami, for the
sum of FORTY THOUSAND ($40,000) DOLLARS, without admission of liability. The
decedent, Ms. Carmona, died on November 10, 1993, in part due to hypoxic
encephalopathy, that was caused by the negligent placement of an endotracheal tube by
City of Miami paramedics. The proposed resolution is submitted for the City Commission
meeting of October 28, 1997.
AQJ/CCM
CCM:Document4
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