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Home My WebLink AboutR-96-0006s J-96-11 1/9/96 96-- RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THERESA J. PRATT THE SUM OF $65,000.00 AND ARABELLA DWIGHT THE SUM OF $18,000.00, 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. 93-17904 CA (02); ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 620103-651. WHEREAS, Theresa J. Pratt and Arabella Dwight, through their attorney, have filed a claim and lawsuit against the City of Miami, in the Circuit Court of Dade County, Florida, Case No. 93- 17904 CA (02), for injuries they sustained on October 6, 1991; and WHEREAS, pursuant to Ordinance No. 8417, the above claim and lawsuit have been investigated by the Tort Committee of the City Attorney's Office and the Division of Risk Management; and WHEREAS, said Offices recommend that the sum of $83,000.00 be paid without any admission of liability; 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 OTY COMMISSION MEETING OF JAN 2 5 1996 Resolution No. 96- 6 Section 2. The Director of Finance is hereby authorized to pay Theresa J. Pratt the sum of $65,000.00 and Arabella Dwight the sum of $18,000.00, 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. 93-17904 CA (02), with funds therefor hereby allocated 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 25th day of ATTEST: WALTER J �' CITY CLERK SELF-INSURANCE TRUST FUND REVIEW: FRANK K. ROLLASON, DEPUTY CHIEF CHIEF OF RISK MANAGEMENT DEPARTMENT PREPARED AND APPROVED BY: CHARLES C. MAYS CHIEF ASSISTANT CITY ATTORNEY CCM:bf:W497 _2_ January 1996. STE17HEN P. CLAR , MAYOR BUDGETARY REVIEW: MANOHA S. SURANA ASSISTANT CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: I A . I Q .:NN ES", M CITY ATT EY j 96- 6 CITY OF MIAMI, FLORIDA ,CAIN INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE December 20, 1995 FILE LT-93-237 of the City Commission J-96-11 SUBJECT . Pratt and Dwight v. City of Miami, Florida, etc. Circuit Court Case 93-17904 FROM . A. Q+UJ ,III REFERENCES: City Atto ENCLOSURES: Attached hereto is a resolution which seeks Commission approval to settle the above - referenced case for the sum of $83,000.00, without any admission of liability. A copy of the corresponding tort memorandum is enclosed for your review. The resolution has been submitted for the City Commission meeting of January 25, 1996. AQJ:CCM:bf:W003 attachment CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To A. Quinn Jones, III, City Attorney DATE December 8, 1995 F,LE: LT-93-237 and Members of the Tort Committee SUBJECT Theresa J. Pratt and Arabella Dwight v. City of Miami,Florida Circuit Court Case No. 93-17904 =90M Charles C. Mays REFERENCES Claim No. 015T/PT93078 Chief Assistant City Attorney ENCLOSURES REQUEST FOR APPROVAL OF SETTLEMENT Factual background This lawsuit presents a negligence action against the city for damages on behalf of the plaintiffs, Theresa Pratt and Arabella Dwight, for permanent injuries they sustained as a result of an automobile accident that occurred on October 6, 1991. Mrs. Pratt, age 70, and her daughter, Ms. Dwight, were returning home from church services at the time of the accident and were traveling north on 17th avenue. Ms. Dwight was the driver. As they entered the intersection of northwest 15th street and 17th avenue their car was struck on the right passenger side by a speeding car operated by Halz St. Fluer. Plaintiffs' car was then struck by another car that was southbound on 17th avenue. (The occupants of the southbound car sustained minor injuries, and are not parties to this lawsuit.) At the time of the accident Mr. St.Fluer was recklessly driving at a high rate of speed, and failing to. stop at stop signs, in an attempt to escape an arrest by a pursuing city police officer. Prior to the pursuit the officer observed Mr. St.Fluer purchasing a small package of marijuana. When the officer attempted to stop him, Mr. St. Fluer suddenly accelerated his vehicle. The officer activated his emergency lights and siren and gave chase. Mr. St. Fluer was weaving in and out of traffic, and approached speeds of approximately 60 miles -per -hour. After pursuing Mr. ISt.Fluer for a few blocks, the officer turned off his emergency lights and siren because h"as concerned about the possibility of an accident. Within moments, however, Mr. SCFpuer ran through a stop sign and struck plaintiffs vehicle. , The injuries caused by the accident were significant. (Mr. St.Fluer did not recover from his injuries and died approximately 11 days later.) Mrs. Pratt was rendered unconscious as a result of the collision, sustained multiple rib fractures, a fracture of her right shoulder, and large contusions to her chest area (the latter were probably caused by the seatbelt-shoulder harness she was wearing), and a collapsed right lung.. She received emergency surgery at JMH and was hospitalized there for 18 days. Subsequent to her discharge she was unable to attend to her personal needs (e.g., bathing, cooking, dressing herself, etc.) for approximately four months. When she became able to walls, she had to 96- 6 5 J 0 Tort Memorandum December 8, 1995 Page 2 use a cane for approximately six months. Her medical bills for the initial hospitalization and follow-up care and physical therapy totaled $43,020.50. As a result of her injuries she has sustained a permanent injury of 10-11% to the whole body, and continues to experience pain due to inflammation of the muscles in the area of her right rib cage. Ms. Dwight was not injured as badly as her mother. Her medical bills total $8,953, for whip -lash type injuries primarily centered around her neck and back, and large abrasions in her abdominal area. She was unable to work for 16 days following the accident, and thereafter she worked part time for 14 days. Her lost wages are approximately $2,300. She continues to experience pain in her torso. As a result of her injuries she sustained a permanent impairment of 8-to-9 % to the body as a whole. Evaluation of liability and damages Although the plaintiffs vehicle was not struck by a city vehicle, the city is nonetheless liable in negligence for contributing to the cause of the accident. The Florida Supreme Court held in City of Pinellas Park v. Brown, 604 So.2d 1222 (Fla. 1992), that a hot -pursuit by a police officer may result in governmental tort liability for injuries sustained as a result of an automobile accident even where the injured party was not struck by a police vehicle. The Brown decision, relying upon Kaisner v. Kolb, 543 So.2d 732, 735 (Fla. 1989) ("Where a defendant's conduct creates a foreseeable zone of risk, the law ... recognize[s] a duty placed upon the defendant to lessen the risk or see that sufficient precautions are taken to protect others from the harm that the risk imposes."), concluded that a police motor vehicular pursuit on a public thoroughfare gave rise to a foreseeable risk of injury to the public and a corresponding duty on the pursuing officers to discontinue the pursuit. The Court reasoned that irrespective of the fault of the fleeing driver, the officers substantially contributed to the risk of injury. The only exception to negligence liability is where the pursuit came about because the officer was responding to a "serious emergency [that is] thrust upon the police by lawbreakers or other external forces, that requires them to choose between different'risks posed to the public." Brown, 604 So.2d at 1227. N,� ' In this lawsuit the officer recognized the ;danger and terminated the pursuit. Unfortunately, the evidence amply supports the pro3ous sition that the decision to terminate was made too late. The city cannot employ the "semergency" exception because the failure to effect an arrest for possession of a small street -level -purchase of marijuana, when contrasted with the public danger attendant the pursuit , is simply not commensurate with the substantial and foreseeable risk that an innocent person would be seriously injured during the pursuit. The evidence affirmatively negates a conclusion that the plaintiffs were also negligent; this is particularly true as to Mrs. Pratt, the passenger. Under the law, plaintiffs are entitled to compensatory damages as a result of the city's negligence. Such damages include compensation for pain and suffering, past and BF;DOC I.DOC. 96- a i Tort Memorandum December 8, 1995 Page 3 future loss income, past and future medical expenses, inconvenience for bodily injury, and mental anguish. The maximum exposure to the city pursuant to Section 768.28 (5), Florida Statutes, is $200,000. ($100,000 per claimant and $200,000 per incident.) Recommendation Mrs. Pratt's economic damages alone (which, excludes noneconomic damages such as pain and suffering, inconvenience for bodily injury and the like) are $43,020.60. Similarly, Ms. Dwight's economic damages are approximately $11, 453. After extensive negotiations, Mrs. Pratt has agreed to settle her claim -without an admission of liability by the city -for $65,000, which is $35,000 less than the city's statutory cap on damages. Ms. Dwight has similarly agreed to settle for $18,000. In view of the absence of any evidence by which the city can escape liability, and the significant potential for a judgment far in excess of the combined settlement of $83,000 it is strenuously urged that the settlement be approved. Based on the foregoing, it is respectfully submitted that the settlement is in the city's best interest. PR DlDISAP ROVED�(/,}� A. QuY-nes,If UZI Firtel City Atto ey City Attorney _ hrist er . K z� , en Bittner sis nt C' om sistant,City Attorney DavidPorestier Theresa . Girten Ass' • ant City Attorney Assistarif City Attorney David Z. Stor e Assistant City Attorney BF;DOCI.DOC w" Tort Memorandum December 8, 1995 Page 4 Reviewed as to Content and Proposal: Frank K. Rollason, Deputy Chief Chief of Risk Management CCM:bf:Docl.Doc i. Tort Memorandum December 8, 1995 Page 3 future loss income, past and future medical expenses, inconvenience for bodily injury, and mental anguish. The maximum exposure to the city pursuant to Section 768.28 (5), Florida Statutes, is $200,000. ($100,000 per claimant and $200,000 per incident.) Recommendation . Mrs. Pratt's economic damages alone (which, excludes noneconomic damages such as pain and suffering, inconvenience for bodily injury and the like) are $43,020.60. Similarly, Ms. Dwight's economic damages are approximately $11, 453. After extensive negotiations, Mrs. Pratt has agreed to settle her claim -without an admission of liability by the city -for $65,000, which is $35,000 less than the city's statutory cap on damages. Ms. Dwight has similarly agreed to settle for $18,000. In view of the absence of any evidence by which the city can escape liability, and the significant potential for a judgment far in excess of the combined settlement of $83,000 it is strenuously urged that the settlement be approved. Based on the foregoing, it is respectfully submitted that the settlement is in the city's best interest. PR D/DISAP ROVED-�� A. Quin J nes, III UzIst Firtel I City Atto ey City Attorney hrist er . K z � en Rittner sis nt C' orn ' sistant,City Attorney David orestier Theresa . Girten Ass' i ant City Attorney Assistan City Attorney Assistant City Attorney BF:DOCI.DOC 96- 0 7 Tort Memorandum December 8, 1995 Page 4 Reviewed as to Content and Proposal: Frank K. Rollason, Deputy Chief Chief of Risk Management CCM:bf:Docl.Doc