HomeMy WebLinkAboutR-93-0236J-93-196
3/15/93
RESOLUTION NO. 9 3 _2 3 6
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAX NORMA ARCIENINGAS AND HER
ATTORNEY, THE LAW OFFICES OF CARLOS E.
CASUSO, THE SUM OF $24,586.88, 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 GERALD T.
WETHERINGTON OF THE ELEVENTH JUDICIAL CIRCUIT
COURT ON MARCH 8, 1993, CASE NO. 91-22207 CA
15, WITH SAID FUNDS TO BE PROVIDED FROM THE
INSURANCE AND SELF INSURANCE TRUST FUND..
WHEREAS, NORMA ARCIENIEGAS, through counsel, filed a
lawsuit against the City of Miami resulting from an incident that
occurred on March 29, 1990 at or near the roadway of Northwest
14th Avenue and Northwest 14th Street, Miami, Dade County,
Florida; and
WHEREAS, a verdict against the City of Miami in the above
lawsuit was entered on March 4, 1993 and a Final Judgment was
entered on March S, 1993 by Judge Gerald T. Wetherington,
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 NORMA ARCIENIEGAS and her attorney, the Law Offices of
Carlos E. Casuso, the sum of $24,586.68, in full and oomplete
satisfaction of all claims, demands, and judgments against the
CITY COMMSSION
KEETING OF
APR 15 IM
ft
99- 236
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City of Miami pursuant to the Final Judgment for Plaintiff, as
ordered by Fudge Gerald T. Wetherington of the Eleventh dudioial
Cirouit on Maroh 6, 1993, Case No. 91-22207 CA 15, vith said
funds to be provided from the Insuranoe and Self-Insuranoe Trust
Fund.
Seotion 2. This Resolution shall beoome effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 15th day of
ATTE
MATTY HIRAI, CITY CLERK
REVIEW:
000H�. SURANA
ASSIS CITY MANAGER
SELF-INSURANC ROST FUND REVIEW:
-Al
SUJAN CHHJ4QPRAJ, DfjMCTOR
DEPARTMENT RIS AGEMBD-'""�
j PREPARED AND APPROVED BY:
-f
y
-i CHRISTOPHER F. KURTZ
ASSISTANT CITY ATTORNEY
CFK:bf:M3492
_2_
XAVIER L.
1993.
, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
93- 236
i
r
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM CAM15
TO: Honorable Mayor and Members DATE : March 15, 1993 FILE L-91-2)
of the Ciy Commission
SUBJECT Norma Arc ieniegas
V. City of Miami
Case No. 91-i22207 (15 )
FROM : A. Quinn J es, III REFERENCES . Claim #011/GL-90-057
City Atto ey D/As March 29, 1990
ENCLOSURES. L/A s N.W. 14 Street &
N.W. 14 Avenue
On March 29, 1990, Plaintiff, Norma Arcieniegas, stepped
into a pothole on N.W. 14th Street near the intersection of N.W.
14th Avenue and broke her right ankle. Plaintiff claimed that
the area was covered with water. She attempted to step over this
area, misjudged her step, and landed in the "puddle" which turned
out to be a pothole. As a result of stepping into the pothole,
Plaintiff suffered a bimalleolor fracture of her right ankle
requiring surgery consisting of internal fixation by way of
screws and wire.
This case went to a jury trial March 3-4, 1993. The jury
found Plaintiff 60% negligent and the City 40% negligent. The
- jury assessed gross damages at $61,466.71. The damages were then
reduced by Judge Wetherington because of plaintiff's negligence
resulting in a net verdict and judgment of $24,586.68.
An analysis of the trial revealed no appealable errors or
issues. Therefore, it is respectfully requested that the City
Commission approve the attached Resolution authorizing payment of
$24,586.68 to plaintiff and her attorney pursuant to the attached
Judgment.
AQJ/CFTC/bf /M721
attachment
93- 236
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 91-22207 CA 15
HORMA ARCINIEGAS,
Plaintiff ,
VS.
THE CITY OF MIAMI, a Municipal
Corporation,
Defendant.
Pursuant to the Verdict rendered in this action
IT IS ADJUDGBD that Plaintiff, NORMA ARCINIEGAS, recover from
Defendant, THE CITY OF MIAMI, the sum of $240586.68 that shall bear
interest at the rate of 12% a year for which let execution issue.
This Court reserves jurisdiction with respect to the issue of
taxable costs.
0RDERM in Dade County, Florida on this day of
1993.
.BUDGE WETHERING T .
JUDGE GERALD T. WETHERINGTON
Copies Furnished
Raul Gastesi, Esq.
Christopher Kurtz, Esq
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