HomeMy WebLinkAboutR-93-0644J-93-656
10/4/93
112
RESOLUTION NO.
93-- 644
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
FILE AN OFFER OF JUDGMENT, WITHOUT ANY
ADMISSION OF LIABILITY, TO PLAINTIFFS, JUAN
FRAIZ AND CITA FRAIZ, ON BEHALF OF THE CITY
OF MIAMI, THE DEFENDANT, IN CASE NO. 92-13697
(CA 32), PENDING IN THE CIRCUIT COURT OF DADE
COUNTY, FLORIDA, IN AN AMOUNT NOT TO EXCEED
$75,000.00; AND SHOULD SAID OFFER BE
ACCEPTED, AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY THE RESULTING JUDGMENT WITH FUNDS FROM
THE CITY OF MIAMI'S SELF-INSURANCE AND
INSURANCE TRUST FUND.
WHEREAS, JUAN FRAIZ and CITA FRAIZ, through their attorney,
have filed a claim and lawsuit against the CITY OF MIAMI, in the
Circuit Court of Dade County, Florida, Case No. 92-13697 (CA 32),
for negligence arising out of a trip and fall accident involving
a City of Miami sidewalk, on February 16, 1990, at or near West
Flagler Street and Southwest 14th Avenue, in Miami, Dade County,
Florida; and
WHEREAS, the above claim and lawsuit has been investigated
by the Tort Committee of the City Attorney's Office and the
Department of Risk Management pursuant to Ordinance No. 8417,
which created the City of Miami's Self -Insurance and Insurance
Trust Fund; and
WHEREAS, said Offices recommend that an Offer of Judgment,
without any admission of liability, in an amount not to exceed
$75,000.00, be filed in this lawsuit;
CITY CCMMSS10I1
MEETING or
0 OT 14 1993
Resolution No.
93- 644
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth 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 City Attorney is hereby authorized to file
an Offer of Judgment, without any admission of liability, to
plaintiffs, JUAN FRAIZ and CITA FRAIZ, on behalf of the CITY OF
MIAMI, the defendant, in Case No. 92-13697 (CA 32), pending in
the Circuit Court of Dade County, Florida, in an amount not to
exceed $75,000.00, which offer shall be inclusive of all costs
and attorney's fees accrued through the date of the offer.
Section 3. Should said Offer of Judgment be accepted, the
Director of Finance is herebyauthorized to pay the resulting
judgment with funds from the City of Miami's Self -Insurance and
i Insurance Trust Fund.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of October 1993.
XA ER SUARE , MAYOR
ATTE T:
MATft HIRAI
CITY CLERK
-2-
93- 614
SELF -INS
N4--.
SUJAN CH
DEPARTMH
TRUST FUND REVIEW:
RA, IRECTOR
OF RI
BUDGETARY REVIEW:
MANOHAR S. SURAN
ASSISTANT CITY M VAGER
f
PREPAR AND APPROVED BY:
DAVID Z. NE
ASSISTA ITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
1
A: QUTMN JON S, I I I
CITY ATTORN Y
DZS/sls/bss/M3837
-3-
93` t44
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City commission
FROM : A. tinn7o es, IICityey
Q
J-93-6`
DATE October 4, 1993 ^Lr: L-92-1(
SUBJECT Juan and Cita Fretiz vs. City
Case No. 92- 1369") CA 32
REFERENCkS : City Commission Agenda
October 14, 15193
ENCLOSURES: ( 1 )
The attached proposed Resolution is being submitted for formal
approval during the City Commission_ meeting of October 14, 1993.
This Resolution seeks Commission approval to file an "Offer of
Judgment" in tho amount of $75,000.00 in the above -referenced
case. This case involves a trip and fall incident on a City
sidewalk in the vicinity of Southwest 14th Avenue. Due to the
nature of the defect in the sidewalk (i.e., sidewalk flag uplifted
approximately two and one half inches) and the length of time the
defect was present, the City's liability i.n this case is
extensive. The 70-year old plaintiff's medical bills excefed
$150,000.00. In addition, he has lost partial use of his right
hand and his wife is also asserting a loss of consortium claim.
This claim has been investigated by the Department of Risk
Management and evaluated by the Tort Committee of the Law
Department and it is agreed that the Offer of Judgment is in the
best interest of the City.
AQJ/DZS/516/M651(2)
attachment
cc: Cesar H. Odio, City Manager
Attn.: Aurelio Perez-Lugones
Legislative Administrator
93- 644