HomeMy WebLinkAboutR-94-0107, - -- 94- 107
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO RONALD BAKER, DANIEL
GONZALEZ, AND MARTHA SARDINA AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF EVARISTO
CASTRO, DECEASED, AND ROBERTO RODRIGUEZ AND
CARMEN RODRIGUEZ, HIS WIFE, THE TOTAL SUM OF
I I OF
$158,000.00, WITHOUT ANY ADM SS ON
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS THAT EACH AND
EVERY ONE OF THE FOREGOING PARTIES AND THEIR
HEIRS AND BENEFICIARIES MAY HAVE AGAINST THE
CITY OF MIAMI IN CONNECTION WITH THE MATTERS
ALLEGED IN CASE NO. 91-52922 (11) AND CASE
NO. 92-2195 (11), NOW PENDING IN THE CIRCUIT
COURT IN AND FOR DADE COUNTY, FLORIDA;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND; OR ALTERNATIVELY, AUTHORIZING THE CITY
ATTORNEY TO FILE AN OFFER OR OFFERS OF
JUDGMENT TO PLAINTIFFS ("OFFER(S)"), ON
BEHALF OF THE CITY OF MIAMI, WITHOUT ANY
ADMISSION OF LIABILITY, IN AN AMOUNT NOT TO
EXCEED $155,000.00, AND IF ACCEPTED,
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
THE RESULTING OFFERS) WITH FUNDS THEREFOR TO
BE ALLOCATED FROM THE CITY OF MIAMI SELF-
INSURANCE AND INSURANCE TRUST FUND, SAID
OFFER(S) TO BE INCLUSIVE OF ALL COSTS AND
ATTORNEY'S FEES ACCRUED THROUGH THE DATE OF
SAID OFFER(S).
WHEREAS, Plaintiffs, through their attorneys, have filed
olaims and lawsuits against the CITY OF MIAMI, in the Cirouit
Court of Dade County, Florida, Case No. 91-52922 (11) and Case
No. 92-2195 (11), for injuries sustained on September 12, 1990,
and resulting from the matters alleged in the foregoing oases;
CITY C014�SS�CD
DMETING OF
FEB 17 1994
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WHEREAS,the above claims and lawsuits have been
investigated by the Tort Division of the City Attorney's Office
and the Department of Risk Management pursuant to Ordinance
No. 8417, which created the City of Miami Self-Insuranoe and
Insurance Trust Fund; and
1
WHEREAS, said Offices recommend that the total sum of
$166,000.00 be paid, without any admission of liability; or in
the alternative, that an Offer or Offers of Judgment
("Offer(s)"), without any admission of liability, in an amount
not to exceed $156,000.00, be filed in the lawsuits for the
purpose of (1) potentially entitling the CITY OF MIAMI to tax
its attorney's fees as sanctions under state law against the
Plaintiffs should the requirements of state law be satisfied; and
(2) concluding and settling all claims, if an Offer(s) is
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accepted`;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
f
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
Section.
Section 2. The Director of Finance is hereby authorized
to pay to Ronald Baker, Daniel Gonzalez, and Martha Sardina as
f
Personal Representative of the Estate of Evaristo Castro,
94- 107
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t o
rt
'
F
SELF -IN
CE`TRUST FUND REVIEW:
-
4
`O
SUJAN S
HA:MA
DEPAR E T
,.TOR
OF ISKGEMENT
BUDGETARY R%;VIE
MANOHAR S.
SURANA
a..
ASSISTANT CITY MANAGER
PR P ED A
APP V BY:
ON M.
L
SSIST T CITY
A TORNEY
APPROVED AS
TO. FORM AND CORR.t�r-tmt,T�ea.
LMP/om7bss/M4l49
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94-- 107
FILE
DATE: .._L....sr,s 17 _ 1994.
rr' Commission
advised Item 49 of the Regular i y
17, 1994 due to a scrivener' s error shou
Please be advisee that ld