HomeMy WebLinkAboutR-94-0232J-94-239
3/17/94
RESOLUTION NO. 9 4- 232
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO SIXTA NEIPP THE SUM OF
$42,500.00, 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. 92-17940 CA (10),
SAID PAYMENT TO BE MADE UPON THE EXECUTION OF
A RELEASE RELEASING THE CITY FROM ALL CLAIMS
AND DEMANDS; AND ALLOCATING FUNDS THEREFOR
FROM THE INSURANCE AND SELF-INSURANCE TRUST
FUND.
WHEREAS, Sixta Neipp filed a lawsuit against the City of
Miami resulting from an incident that occurred on or about
November 19, 1990, at S.W. 13th Avenue between Flagler Street and
First Street, 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 $42,500.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COM USSION
MEETING OP
APR 1 4 1994
Resolution No.
.1-114— 232
Section 1. The Director of Finance is hereby authorized
to pay to SIXTA NEIPP the sum of $42,500.00, without the
admission of liability, in full and complete settlement of all
claims and demands against the City of Miami in the Eleventh
Judicial Circuit Court Case No. 92-17940 CA (10), 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.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of April , 1994.
ST HEN P. CL K, MAYOR
ATTE
MA TY HIRAI , CITY CLERK
SELF-INSURANCE TRUST FUND REVIEW:
FRANK K. ROLLASON, DEPUTY CHIEF
DEPARTMENT OF RISK
BUDGETARY REVIEW AND APPROVAL:
DDEPARENT OF BUDG��CTOR
-2-
04- 232
PREPARED AND APPROVED BY:
THERESA L. GIRTE
ASSISTANT CITY ATTORNEY
APPROVED AS TO F RM AND CORRECTNESS:
<"
A. Q N J N , II
CITY ATTO N
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0'4- 232
-3-
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANC
TO Honorable Mayor and Members
of the City Commission
=ROM
A. Q��tinn J es, III
City Att ney
CA=1 1
DATE March 17, 1994 FILE J-94-239
SUBJECT Resolution Authorizing
Settlement with Sixta Neipp
Case No. 92-17940 CA (10)
REFERENCES
ENCLOSURES
Attached is a proposed Resolution authorizing the Director
of Finance to pay Sixta Neipp, without admission of liability,
the sum of $42,500.00, in full and complete settlement of any and
all claims and demands against the City of Miami, upon the
execution 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 elderly woman who suffered a serious knee injury when
she fell into a pothole on S.W. 13th Avenue between Flagler
Street and First Street. The pothole was located in the area
immediately adjacent to where she stepped out of her vehicle
after parking at a meter.
This claim has been investigated by the Tort Committee and
the Department of Risk Management, and is hereby recommended by
this Office.
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94- 232