HomeMy WebLinkAboutR-94-0157tt
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eT-94-138
2/16/94 j
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RESOLUTION NO. 4
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ALBERTO AND ELDA
CARBALLEIRA, AS PARENTS AND GUARDIANS OF `
CARINE CARBALLEIRA, THE SUM OF $32,500.00,
WITHOUT THE ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI IN THE
ELEVENTH JUDICIAL CIRCUIT COURT, CASE
NO. 92-8462 CA (01), SAID PAYMENT TO BE MADE
UPON THE EXECUTION OF A RELEASE RELEASING THE s
CITY FROM ALL CLAIMS AND DEMANDS; AND
ALLOCATING FUNDS THEREFOR FROM THE INSURANCE
AND -SELF-INSURANCE TRUST FUND.
WHEREAS, Alberto and Elda Carballeira, as parents and
guardians of Carina Carballeira, through counsel, filed a lawsuit
against the City of Miami resulting from an incident that
occurred on July 4, 1991, at Virginia Key Beach, Miami, Dade
County, Florida; and
WHEREAS, the the above claim has been investigated by the
Risk Management Department and the City Attorney's Office and it
is recommended that this claim be settled without admission of
liability for the sum of $32,500.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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Section 1. The Director of Finance is hereby authorized '
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to pay to ALBERTO AND ELDA CARBALLEIRA, as parents and guardians.
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of CARINE. CARBALLETRA, the sum of $32,800.00, without the
admission of liability, in full and complete settlement of all
`
claims and demands against the City of Miami in the Eleventh
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Judicial Circuit Court Case No. 92-8462 CA (O1), said payment to
be made upon the execution of a Release releasing the City of
Miami from all claims and demands, with funds therefor hereby
.,allocated from the Insurance and Self -Insurance Trust Fund. 4
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day o March 1994. f
STEtHEN P. CLAgK, MAYOR
ATTE
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MATTY HIRAI TY'CLERK
SELF -INS NCE TRUST FUND REVIEW
-�7-'Y
SUJAN S HHABR DIRECTOR
DEPART EN OF TSK
BUDG REVIE AND APPROVAL:
MANOHAR S. ,-DIRECTOR
DEPARTMENT OF 13bbGET
94 - 15'7
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CITY OF MIAMI, FLORIDA
CA 23,
INTER -OFFICE MEMORANDUM
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DATE FILE
Honorable Mayor and Members February 16, 1994 d-94-138 i
of the City Commission
SUBJECT : Resolution Authorizing
Settlement with Alberto and
Elda Carballeira
• C 1//�� ' REFERENCES :Case No. 92-8462 CA (01)
A Quinn es. III
City Att ' ey ENCLOSURES
Attached is a proposed Resolution authorizing the Director
of Finance to pay Alberto and Elda Carballeira, as natural
guardians of Carine Carballeira, a minor, without admission of
liability, the sum.of $32,500.00, in full and complete settlement
of any and all claims and demands against the City of Miami, upon
the exeoution of a Release of All Claims, releasing the City of
Miami from any and all claims and demands.
The. complete evaluation of this claim is contained in the
Tort ,Committee settlement memorandum. In brief, this claim
involves an 18-month old child who sustained second degree burns
to her hands and feet when she wandered into some hot charcoals
that had been left on the ground while her family was picnicking
at Virginia Key Beach.
This claim has been investigated by the Tort Committee and
the Department of Risk Management, and is hereby recommended by
this 'Office.
AQJ:TLG/lb/bss/M1030
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