HomeMy WebLinkAboutR-95-0849J-95-987
RESOLUTION NO. 95� 849
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO RONNIE FORD THE SUM OF
$45,000.00, 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, CASE NO. 90-25325 (CA 21),
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. 620101-653.
WHEREAS, Ronnie Ford, through his attorney, has filed a
claim and lawsuit against the City of Miami in the Circuit Court
of Dade County, Florida, Case No. 90-25325 (CA 21), for
negligence arising out of a near drowning incident involving a
City of Miami swimming pool; 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 $45,000.00
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.
90-25325 (CA 21); and
-.CITY Cobnmszom
MEETING OF
DEC 0 7 1995
Resolution No.
95- 849
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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 Ronnie Ford, the sum of $45,000.00, 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. 90-25325 (CA 21), 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. 620101-653.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 7th a of December 1995.
STE EN P. C K, MAYOR
-3-
95- 849
►, CITY OF MIAMI. FLORIDA
" INTER -OFFICE MEMORANDUM 19
TO Honorable Mayor and Members DATE November 15, 1995 FILE J-95-987
of the City Commission
SUBJECT proposed Settlement -Ronnie Ford vs.
City of Miami/Case No. 90-25325 CA 21
ROfti' A. Quin Jo s I REFERENCES
Q City Commission Meeting
City Attorn December 7, 1995
ENCLOSURES (2)
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 Circuit Court Case No. 90-25325 (CA 21) Ronnie Ford vs.
City of Miami, in the amount of $45,000.00. 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 attached copy of a
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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attachments
sSNOWOMMMOC exec- /
95- 849
RISK MANAGEMENT
CITY OF MIAMI, FLORIDA 4
INTER -OFFICE MEMORANDUM
NOV 13 1995
TO' Members of the Tort Committee DATE November 2, 1995 FILE : L-90-148
SUI JECT : Ronnie Ford vs. City
Case No. 90-25325 CA 21
D/I: June 24, 1987
FROM : REFERENCESL/I ' Curtis Park Pool
David Z. Stone
Assistant City Attorney ENCLOSURES:
REQUEST FOR SETTLEMENT AUTHORITY
FACTS:
This case involves a near drowning incident that occurred on
June 24, 1987. On that day, the 17-year old plaintiff, Ronnie
Ford, and some friends went to the Curtis Park Pool to go
swimming. Being that it was summertime and school was not in
regular session, the pool was extremely crowded. In fact,
testimony of the head lifeguard indicated that the pool had well
above its maximum allowable swimmers of 89. Not only were there
too many swimmers inside the pool, there were also many people
running around and about the pool area. At the time of the
accident there were three lifeguards on duty, one of whom was
inside the pool office charging admission to the pool.
Accordingly, there were only two lifeguards monitoring the pool
itself. One at the shallow end and one at the deep end.
Although the plaintiff was an experienced swimmer, there is no
evidence indicating what actually caused the near drowning to
occur. Witness testimony suggests however that another pool
patron may have jumped on him while diving into the pool.
(Diving was not permissible in the area where the drowning
occurred.) Nevertheless, the head lifeguard testified that the
plaintiff may have been on the bottom of the pool for
approximately two to three minutes. He also testified that he
pulled the plaintiff out of the pool however, witnesses state
that another swimmer and not the lifeguard pulled the plaintiff
out of the pool. When the plaintiff was pulled out, he was in
respiratory and cardiac arrest. He was administered emergency
care by the head lifeguard and Fire Rescue and was able to be
resuscitated. Subsequently, the plaintiff was transported to
Jackson Memorial Hospital by Fire Rescue.
MEDZCALS•
Mr. Ford was diagnosed at Jackson Memorial Hospital with
pneumonitis, defibrination syndrome and muscle, ligament and
facia disorders. He remained unconscious for a period of
three(3) days and was on a respirator for six (6) days. Mr. Ford
95- 849
Members of the Tort Cc.pI�tee Nove- �r 2, 19R& MANAGEMENT
Page ` NOV 13 1995
was evaluated by the neurological service at Jackson Memorial
Hospital for neurological deficits after the accident. Mr. Ford
was discharged from Jackson Memorial Hospital on July 6, 1987 and
was seen as an out -patient in the neurology clinic for
approximately one (1) year. He was suffering from headaches and
significant memory and attention span loss. He was also
experiencing episodes of gasping for breath at night as well as
significant weight loss.
The Jackson Memorial Hospital bill is $21,463.24, none of which
has been paid. Dr. Barry Crown has determined that the plaintiff
sustained organic brain syndrome as a result of the near drowning
episode.
REPRESENTATION•
The plaintiff is ably represented by Robert Rossano, Esq. of
Rossano, Torrent & Leyte -Vidal, P.A. located at 2223 Coral Way,
Miami, Florida 33145.
EVALUATION:
The City's potential exposure in this case is extensive. The
plaintiff has alleged negligent supervision at the pool ,because
of the lack of the appropriate number of lifeguards, the
overcrowded swimming pool, the length of time the plaintiff was
underneath the water without being spotted by the lifeguards and
the failure to adequately control the people using the pool
facility.
The plaintiff has hired an expert witness in pool and drowning
l accidents to testify that the City was negligent in the afore-
mentioned areas as well as not being in compliance with either
the City's own pool policy or the American Red Cross Standards
for appropriate lifeguarding techniques. I have spoken with the
head lifeguard involved in this incident and it is my opinion
I` that he does not make a good appearance as a witness on behalf of
!' the City should this case go to trial and, as such, would not
1 help the City in this case. Moreover, due to the evidence
adduced in this case and its implications on the City's
liability, it is recommended that this case be settled. The
damages are severe in that it is a possible brain damage case and
a jury verdict could easily be upwards of $100,000.00.
During mediation the plaintiff refused to take less than
$80,000.00, an amount that he also filed in his Demand for
Judgment. Since mediation, he has agreed to settle this case in
the amount of $45,000.00.
It is respectfully requested that $45,000.00 be approved as full
settlement on behalf of the City for this lawsuit.
SSM003TORT.DOC
. Members of the Fort Co, µittee Novei.' -,r 2, 1995 RISK MANHEMENT
Page 3
NOV 13 1995
OVFD/DISAPPROVED Authority 'to settle in the amount of
5,000.00.
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A. QU S, II
J, CITY
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CHARLES C . YS
CHIEF A3�SI TAANT—CITY ATTORNEY
LE IRTEL �/
AS TANT CITY ATTORl4
CHRI OPHE F•. TZ
ASSIST CITY ATTORNEY
W N BITTNER �--_._... C�c� -" �'•��``�~� ��D�
SISTANT CITY ATTORNEY C�
THERESA L. GIR
` �,SS•T�STAN T CI A RNE
ISTANT
FRANK K.
CHIEF OF
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LLASON, DEPUTY CHIEF
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95- 849
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