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Home My WebLink AboutR-95-0618J-95-788 8/29/95 9 5— C I g RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO DAVID RITCHEY 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 CASE NO. 95-00089 CA (10), 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 INSURANCE AND SELF-INSURANCE TRUST FUND, INDEX CODE NO. 620I01-652. WHEREAS, David Ritchey, through his attorney, has filed a claim and lawsuit against the City of Miami in the Circuit Court of Dade County, Florida, Case No. 95-00089 CA 10, for alleged negligence in the injury of the Plaintiff, David Ritchey; and WHEREAS, the above claim and lawsuit have been investigated by the Tort Committee of the City Attorney's Office and the Department of Risk Management pursuant to Ordinance No. 8417, which created the City of Miami Insurance and Self -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- 00089 CA (10); and CITY COMMISSION MEETING OF S E P 1 4 1995 Resolution No. 95- 61.8 WHEREAS, funds are available from the City of Miami Insurance and Self - 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 David Ritchey 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. 95-00089 CA (10), 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 Insurance and Self -Insurance Trust Fund, Index Code No. 620101-652. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of September , 1995. STEMEN P. CL , MAYOR ATTEST: /a WALTER J. FO AN, CITY CLERK 2 9J" 618 RISK MAWTEMENT REVIEW: C `t— FRANK K. ROLLASON, DEPUTY CHIEF ASSISTANT CITY MANAGER BUDGETARY REVIEW: MANOI-IAR S ANA ASSISTANT Cl MANAGER PREPARED AND. APPROVED BY: LEgN M. FIRTEL SISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: W295:LW\cros\csk 3 95- 618 + CITY OF MI.AMI, FLORIDA INTER -OFFICE MEMORANDUM CA'20 TO : Honorable Mayor and DATE August 24, 1995 FILE : LI'9500089 Members of the City Commission SUBJECT Ritchey v. City of Miami Case No. 95-00089 CA (10) Risk No. 007/V93178 FROM A. Qu n Jon s, I REFERENCES: City Commission Agenda City Attorne ENCLOSURES: September 14, 1995 The attached proposed Resolution is being submitted for Commission review for settlement in the above -referenced case in the amount of $35,000, without any admission of liability. The details of the case are set forth in the Tort Memorandum, a copy of which is attached. LMF: cros Attachments CALO " 95- 618 CITY OF NAIAMI. FLORIDA INTER -OFFICE MEMORANDUM ,0 Members of the Tort Committee Law Department/Risk Management�_�_ capnl - acF=_QENCES Leon M. Firtel Assistant City Attorney ENCLOSURES August 10, 1995 LT9500006 Ritchey v. City of Miami Case No. 95-00089 CA (10) Risk No. 007N93178 Settlement Authority Offer of Judgment FACTUAL BACKGROUND David Ritchey, age 61 at the time of the accident on May 13, 1993, was injured when his vehicle was struck by a City police car driven by Officer William Campbell at the intersection of Shipping Avenue and Elizabeth Street in Coconut Grove. The point of impact on Mr. Ritchey's car was on the driver's side front wheel well. At the time of the accident, Mr. Ritchey was proceeding at a lawful speed of approximately thirty miles per hour. It is undisputed that the cause of this accident was the failure of the police officer to stop at a stop sign. The officer, in deposition, stated that he missed the stop sign because he had heard a radio call concerning a burglary in progress where a description of the perpetrator's vehicle was stated by the dispatcher. Within less than a minute, he had the vehicle that had been described in sight and began to follow it from a distance, since a chase would have been improper under existing procedures (which preclude chasing the perpetrators of property crimes). As he followed the "fleeing perpetrator", he missed at the stop sign and thus came into contact with Mr. Ritchey's vehicle. Mr. Ritchey was taken to the emergency room at Mercy Hospital, complaining of having pains in his left chest and other assorted injuries. He was found to have broken his left sixth, seventh and eighth ribs, a punctured lung, back, arm and leg contusions and sprains. He was discharged from the hospital on May 17, 1993, after approximately four days, during which time he had been attached (for two days) to a chest tube to assist his breathing. His total medical bills associated with Mercy Hospital are approximately $4,500.00. Upon leaving the hospital, he began a course of treatment with Dr. David Lehrman, who saw him for his soft tissue injuries from June 14, 1993, through mid -August, 1993. Lehrman's bill was just over $3,500. Dr. Lehrman has assigned a 3 to 4% whole body impairment (permanent) rating. (Plaintiff is to be examined on 8/28/95 by the IME doctor, assuming the case does not settle.) Representation of the Plaintiff is provided by Herman Russomanno of the Floyd Pearson Richman, et al. law firm. 95- 618 Page 2 Re: David Ritchey Settlement EVALUATION AND RECOMMENDATION August 10, 1995 This case cannot be fought on the basis of liability. I am pretty sure that if the Plaintiff proceeds with their Motion for Summary Judgment on liability that it would be granted in light of the officer's own testimony. The difficulty with this case is in evaluating damages due to Mr. Ritchey's occupation as a house painter/carpenter/"everything repairman." Ritchey claims to have been out of work for a period of approximately six weeks because of his injuries, during which time he had to pay additional people to perform his duties on the job. Ritchey is self-employed and, curiously, has not filed tax returns since 1992. It should be remembered that Hurricane Andrew struck Dade County in August of 1992 and that the following 18 months were probably the best time ever for workmen who provided painting and carpentry types of service to homeowners. In fact, Mr. Ritchey claims in documents that he has supplied to me that he earned $71,000 in 1992, approximately $53,000 in 1993, notwithstanding its being the time of the accident, and then $20,000 in 1994. While these figures are curious and I question them because of the self-serving nature of the ledger book records from which they were compiled, quite obviously Mr. Ritchey did lose some income as a result of the accident. To a great extent, I am discounting the other soft tissue injuries because of their nature and due to investigation of Mr. Ritchey that I have caused to occur during the course of discovery. Notwithstanding this fact, the jury will hear of this treatment and it would simply add to the value of the case to some unknown degree. Mr. Ritchey is a presentable witness on his own behalf and I believe that the jury will like him, even though he may be exaggerating his injuries and his inability to work to some degree. The case is to be mediated on August 14, 1995, before Mr. Harold Barkas and it is set for trial in early October before Judge Esquiroz. After discussions with Mr. Russomanno, the Plaintiff's attorney, he has most recently demanded the sum of $50,000, which I believe to be the high range of the settlement value. The low range is in the mid $20's in my opinion. Notwithstanding Mr. Russomanno's demand, I believe that the case can be settled in the mid $30's to $40,000 range, and I am therefore requesting authorization for $40,000 as a maximum for settlement purposes. David Ritchey Settlement Page 3 Please indicate your agreement/disagreement and considerati".P41 August 10, 1995 �ents below. Thank you for your �216� A. U JO ., II A(�1►cn��, Wc, C4N+ b<4 %- l,/,14;,//,, /554C. A -/Val CITY ATTORNEy PIGehK 01lai �4.S i•� sCy ur�icn�.t /��,.�rcg 3 sc4Scbt' 2, CIO . belfc�e. -kc�" �l��Nh�f Catcdcbdkf LJt lL Ae-*^ct CHARLES C. YS �` S�^'<<- I -Co ►a. ,Qafc�c.�s fvn, 5evu•r( y� . CHIEF ASSISTANT CITY ATTORNEY CHRISTOPHER F. KURTZ ASSISTANT CITY tMEY N R. T R SIST T rITY EY j DAVID FORREST ASSIST T CITY TORNEY THERESA IRTEN ASSIST T CITY D AT 7eSTONE ASSIITY TNEY1 0 -- - - " " 11 O V-- CHIEF FRANK K. ROLLASON RISK MANAGEMENT LMF:cros