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Home My WebLink AboutR-94-0017J-94-2 12/22/98 RESO=C1N NO. 9 4 " 17 A RESO UTION AUTHORIZING THE DIRECTM OF FZNA = TO PAY TO SHIRTY JENRETTE, THE SUM OF $40,000.00, WIT= ANY ALIMLSSION OF LIABILITY, IN FULL AMID COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AMMST THE CITY OF XMa IN THE CIRC = OOURT OF DADE OOUN'%'Y, FLORMA, CASE NO. 91-54978 CA (11) ; ATZ-OCATING FUNDS THEREFOR FROMTHE CITY OF MTAMT SELF'-INSURANC,"'E AND INSURANCE TRUST FUND. WHEREAS, SHIR—Fv JENRET`TE, the Plaintiff, through her attorney, has filed a claim and lawsuit against the City of Miami, in the Circuit Court of Dade County, Florida, Case No. 91-54978 CA (11), for an injury she sustaaxi,ed on February 21, 1991; and. WHEREAS, the above claim amd lawsuit has been investigated by the Tort Committee of the City Attorney's Offioe and the Department of Risk Management, pursuant to Ordinance No. 8417, which created the City of Miami's Self - Insurance Insurance Trust Fund; and WHEREAS, said offices recommend that the sum of $40,000.00 be paid without any admission of Liability; NOW, THEREFORE, BE IT RESOLVED BY THE CObMSSICN OF THE CITY OF MIJAML, FLOR1lA: 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 Finanoe is hereby authorized to pay to Shirley Jenrette, the sum of $40,000.00, without any admission of liability, G'IT! COMMI = (MEETING OF JA N 1 3 1994 Rwl tQM N3, �-- in full and complete settlement of any and all olaims and demands against the City of Miami in the Circuit Court of Dade County, Florida, Case No. 91-84978 CA (11), with said funds therefor hereby allocated from the City of Miami Self-Insuranoe and Insurance Trust Fund. Section 3. This Resolution shallbecome effective imiediately upon its adoption. pASSED AND ADOPTED this 13th day of January 1994. ATTEST: SELF-INSURANCE TRUST SWAN C HRABRA, DIR DEPARTMENT OF RISK AITOFOW L2dF/can/bss/M4041 —2— Fxfo rt �• • • •,• NX0 • •I•lo Is °4- 17 0 jo r i CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members DATE _ December 22, 1993 FILE : J-94-2 of the City Commission Jenrette v. City of Miami SUBJECT: Circuit Court 91-54978 (11) Claims No. 0011/GL91075 A. Quinn Jones, III FROM : City Attorney REFERENCES: ENCLOSURES: The attached proposed Resolution is being distributed to you at this time so that you may review the item for consideration at the City Commission Meeting of January 13, 1994. The Resolution seeks Commission approval to settle the above -referenced case for the sum of $40,000.00 without any admission of liability. The details of the case can be found in the Tort Memorandum, enclosed for your information. AQJ/LMF/cm Ali lb" i 94- 17 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Members of the Tort Co a ATE and Risk Management SUBJECT FROM Leon M. Firtel REFERENCES Assistant City Attorney 1r_1KD� ENCLOSURES December 7, 1993 FILE Shirley Jenrette v. City Case No. 91-54978 CA it Claim No. 011A/GL91075 LT9100382 FACTUAL BACKGROUND On February 21, 1991, the Plaintiff, SHIRLEY JENRETTE, age 40, reported to work at the New Horizon Community Mental Health Center in Liberty City. At approximately 8:45 A.M., she accompanied a patient to a bus parked along the curb side. After assisting the patient on the bus and as she was walking back towards her office, she stepped on a water meter cover, which was either broken or otherwise in disrepair since her weight caused the meter cover to collapse and the Plaintiff's right foot went into the meter hole. As a result of the incident, the Plaintiff injured her meniscus (knee), suffered a back injury and other scrapes and bruises. While normally, the City would be secondarily liable in this situation due to the City's "ownership" of the sidewalk, versus ownership of the meter by the Dade County Water and Sewer Authority, the Plaintiff has developed information reflecting that the City had actual notice of the defect the day before the incident and that the City failed to notify Dade County of the defect. The City's actual notice occurred when another person stepped on the same water meter cover and hurt his ankle. This was reported to the City on February 20, 1991. A PSA was dispatched to the scene and he reported the matter to the dispatcher, who then called Bob's Barricades. There is some evidence that a barricade was erected, but it was apparently removed, because the next morning the Plaintiff suffered her accident. The City's liability is predicated on the fact that the dispatcher called the wrong party to the scene. Had they called the county, there is a possibility that the accident would not have occurred. The city public works director testified that the water and sewer authority is prompt in responding to calls in situations of this type. 9 4 - 17 Tort Committee Page #2 December.... . 1993 Re: Shi ; Jenrette EVALUATION AND RECOMMENDATION As a result of the foregoing accident and the injury to her knee, back and other body parts, Plaintiff has incurred approximately $15,000.00 in medical bills and $10,000.00 in lost wages. There is a Worker's Compensation Lien filed on the case in the amount of $24,500.00. Based upon the foregoing, the case has a value of between $80,000.00 and $100,000.00 and assessing comparative negligence generously on the Plaintiff at 50%, it is my recommendation that we authorize $45,000.00, subject to Commission approval, in order that the case can be settled. The Plaintiff is represented by Martin Levine who is an experienced litigator. The case is set for mediation on Thursday, December 9, 1993 and it is set for trial in March, 1994 before Judge Korvick. The County has indicated that it will make only a minor contribution to the settlement, if any. Please indicate your comments below relative to a settlement offer in the amount of $45,000.00. 6?. A. QU N 0 ES, CTTY ATTORNEY CITY ATT EY CHRISTOPHER KUR.Z ASSISTANT CATY ATTIORNEY DAVID FORESTIE ASSISTANT CT LMF/cm/M701 RNE RLES C. MAYS CHIEF ASSISTANT CITY ATTORNEY WOMEN R. BITTNER w( SISTANT CITY ATTORNEY 7 , DAVID Z . S� ASSISTANT CtTY ATTORNEY SUJAN'CHHABRA, DIRECTOR DEPARTMENT OF RISK MANAGEMENT 9 4 - 17 00-1 179 4 ?PIaintiff(s), IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION QDIVISION CASE NO. �� .'T 7 7U CA / _ MEDIATOR'S REPORT AND �J SETTLEMENT AGREEMENT CIVIL Defendant(s),/ This Civil action being referred to diati n by Order of Court dated the �� day of 19YJ� pursuant to F.S.44.1011-.102 and the a Ic le FIa.R.0 v.P. and being hZNZ d be/f� a the undersigned Mediator on the day of --� , 199 3 The parties stipulate and agree to the following matter and/or issues: —0 yr�r PP—r >1 Plaintiff agrees to execute any Release form generally required to be executed in settlements of disputes of this nature. Each party shall bear their respective attorneys' fees and costs. All matters raised at the conference remain privileged, unless otherwise agreed to by all pa ties. \\ � Dated day of 193J . t EDIATOR, The foregoing report and agreement Is to b the dersigned. P V Y P 7 vV �'► AINTIFF'S COUN DEF Dated day of 199_ Dated Copies to Counsel i po I ated And agre,j!fd N�DDA'NT G NDANT'S 661IWEL o day of , 199Y 94- 17