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HomeMy WebLinkAboutR-94-0384J-94-401 5/12/94 94- 384 RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARIA SORIANO AND HER ATTORNEY, BRIAN S. KEIF, P.A., THE SUM OF $9,375.00, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS, AND JUDGMENTS AGAINST THE CITY OF MIAMI, PURSUANT TO THE FINAL JUDGMENT FOR PLAINTIFF, AS ORDERED BY JUDGE MARIA M. KORVICK OF THE ELEVENTH JUDICIAL CIRCUIT COURT ON MARCH 31, 1994, CASE NO. 92-19554 CA 11, WITH SAID FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF- INSURANCE TRUST FUND. WHEREAS, MARIA SORIANO, through counsel, filed a lawsuit against the CITY OF MIAMI resulting from an incident that occurred on March 4, 1990 at or near Northwest 16th Avenue and 6th Street, Miami, Dade County, Florida; and WHEREAS, a verdict against the CITY OF MIAMI in the above lawsuit was entered on March 16, 1994 and a Final Judgment was entered on March 31, 1994 by Judge Maria M. Korvick, Eleventh Judicial Circuit Court; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Director of Finance is hereby authorized to pay to MARIA SORIANO and her attorney, Brian S. Keif, P.A., the sum of $9,375.00, in full and complete satisfaction of all claims, demands, and judgments against the CITY OF MIAMI pursuant to the Final Judgment for Plaintiff, as ordered by Judge Maria M. CITY COMMMSSION TWEETING OF J U N 0 9 1994 no"119on No. 94- 384 Korvick of the Eleventh Judicial Circuit on March 31, 1994, Case No. 92-19554 CA 11, with said funds to be provided from the Insurance and Self -Insurance Trust Fund. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of June , 1994. ATTEST: f MATTY HIRAI, CITY CLERK BUDGETARY REVIEW: R S. SURANA AS STANT CITY MANAGER SELF-INSURANCE UST FU REVIEW, FRANK ROLLASON, DMACTOR DEPARTMENT OF RISK MANAGEMENT PREPARED AND APPROVED BY: A ID Z. SP7-014E ASSISTANT tJrY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A(. QVWN J N ; CITY ATTO M4339/DZV/,-Bls TE EN P. CL RK, MAYOR 94- 384 -2- t CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM _ J-94-401 TO: Honorable Mayor and Members DATE May 12, 1994 FILE. L-92-284 of the City Commission SUBJECT Resolution Authorizing Payment r of Final Judgment in favor of ,u�9/l Maria Soriano ( $9 , 375.00 ) FROM u nn J nes , I I I REFERENCES City At ney �,25 City Commission Agenda ENCLOSURES . June 9 , 19 9 4 Attached is a proposed Resolution authorizing the Director of Finance to pay Maria Soriano and her attorney, Brian S. Keif, Esq., the sum of $9,375.00, in full and complete satisfaction of the judgment against the City of Miami, dated March 31, 1994, and bearing interest at the rate of 12% per year, upon the execution of a Satisfaction of Judgment in a form acceptable to the City Attorney. In brief, the claimant proved to the satisfaction of a jury that she sustained injuries in an accident- involving her trip and fall over an exposed tree root which had burst through a City sidewalk. The 50-year old female claimant sustained a broken ankle in 3 places that required surgery and the implementation of a metal plate and screws. Damages also included lost wages and pain and suffering and future damages for medical expenses. Also attached is a copy of the Final Judgment for your review. AQJ/DZS/sls/M1053 attachments 94- 384 e'0Vq_j W MARIA SORIANO, Plaintiff, VS. CITY OF MIAMI, FLORIDA, Defendant. IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 92-19554 CA 11 FINAL JUDGMENT THIS CAUSE having come on to be heard upon Jury Trial, and the Jury having returned a verdict on March 16, 1994, and the Jury having made findings of liability and damages, it is hereby ORDERED AND ADJUDGED that the Plaintiff, MARIA SORIANO, shall recover from the Defendant, CITY OF MIAMI, a political subdivision of the State of Florida, the sum of Nine Thousand Three Hundred and Seventy -Five ($9,375.00) Dollars, that shall bear interest at the rate of 12% a year, for which let execution issue and further that the Court shall retain jurisdiction to consider the matter of taxable costs. DONE AND ORDERED in Chambers, at Miami, Dade County, Florida this day of VM 31 1994 Copies furnished to: Brian S. Keif, Esq. David Z. Stone, Esq. M965/DZS/sls , 1994. JUDGE MAM M. DR'M CIRCUIT COURT JUDGE 94- 384