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Home My WebLink AboutR-92-0014J-92-48 12/19/91 r RESOLUTION NO. 9 2 '- 14 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LISSETTE ALVAREZ-GUARDIOLA AND JESUS GUARDIOLA, HER HUSBAND, THE SUM OF $65,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS, SAID FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND. WHEREAS, Lissette Alvarez-Guardiola and Jesus Guardiola, her husband, through their attorney, have filed a claim against the City of Miami in the Circuit Court of Dade County, Florida, Case No. 91-2485 CA 07, arising out of an incident which occurred on March 28, 1990; and WHEREAS, the above claim has been investigated by the Risk Management Department and the City Attorney's Office pursuant to Ordinance No. 8417, which created the City of Miami's Self - Insurance Program, and said Offices recommend that this claim be settled for the sum of $65,000; 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 Lissette Alvarez-Guardiola and Jesus Guardiola, her CITY CONI AMSION MF..E'I,'ING OF ., JAN 9 199Z J 2 - 14 n3OLWION fit. Ij husband, without the admission of liability, the sum of $65,000 in full and complete settlement of any and all claims and demands against the City of Miami, upon the execution of a release, releasing the City of Miami from all claims and demands, said money 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 ATT (&e�4 �'. MA7rY HIRAI CITY CLERK SELF-INSURANCE TRUST FUND REVIEW: SUJAN CNO��, DIRE RISK A NT DEP. BUDGETARY. REVIEW: 4HAR S. SURANA ASISTAMNT CITY MANAGER -2- TIER L. S AREZ, , 1992. 14 CIN 7 PREPARED AND APPROVED BY: CHARLES C. MAYS CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: �n A. Q ES, If! CITY ATT Y M2709/CCM/bjr -3- CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM �' CA=14 TO Honorable Mayor and Members DATE December 19, 1991 FILE:L-91-098 of the City Commission SUBJECT Resolution Authorizing Settle- ment with Lissette Alvarez- Guardiola, v. COM FROM . �/ REFERENCES Circuit Case No. 91-24857 CA 07 A. 4 ui n es III City Atto ey ENCLOSURES (2) Attached is a resolution authorizing the Director of Finance to pay to Lissette Alvarez-Guardiola and Jesus Guardiola, her husband, the sum of $65,000 in full and complete settlement of any and all claims and demands against the City of Miami, upon the execution of a Release, releasing the City from any and all claims and demands. Lissette Alvarez-Guardiola and Jesus Gardiola, her husband, through their attorney, filed a lawsuit for damages against the City of Miami in the Circuit Court of Dade County, as a result of an incident that occurred on March 28, 1990, at 348 Flagler Street. Mrs. Alvarez and her husband were performing janitorial services in an office building. The dog and its handler had responded to the building as a result of Mrs. Alvarez' telephone call to the City of Miami Police Department to report that someone had attempted to break into the building. Mrs. Alvarez sustained permanent nerve damage to her lower leg as a result of the dog bites. Her medical expenses were not covered by insurance and she and her husband lost several janitorial contracts because of her inability to work. The trial judge has ruled that the city is liable for their personal and economic losses, as a matter of law. This claim has been investigated by the Torts Division of.the City Attorney's Office pursuant to Ordinance No. 8417 which created the City of Miami's Self - Insurance Program, and is set forth in the attached memorandum. This Office recommends that the claim be settled for the sum of $65,000. P1889/AQJ/CCM/bjr 92- 14 CA liY-1 DISK MANAGEMENT CITY OF MIAMI. FLORIDA NOV 1 4 1991 INTER -OFFICE MEMORANDUM CITE' or uT A *,ry To Members of the Torts Committee DATE November 6, 1991 "t-91-098 SUBJECT Lissette Alvarez-Guardiola v. City of Miami Case No.: 91-2485 CA 07 FROM Charles C. Mays-.Y1{:c•1 REFERENCES Claim No.: 015/PT-050 Chief Assistant City Attorney D/I: March 28, 1990 ENCLOSURES L/I: 348 W. Flagler St. SETTLEMENT MEMORANDUM! On March 8, 1990, Lissette Guardiola, 26, and her husband, Jesus, were performing janitorial work at the Flagler Center located at 348 West Flagler Street, when they heard a loud crash coming from the front of the building. Jesus investigated and discovered that someone had used a large object to break the plate glass window fronting Flagler Street. Mrs. Guardiola telephoned the City of Miami Police Department and advised that someone had attempted a burglary. Mrs. Guardiola was advised to wait at the scene until a police officer respond. She agreed to do so, but cautioned that she and her husband would be working inside the building and the responding officer would have to speak above the noise of their vacuum cleaners. A uniformed officer was dispatched to the scene. However, the dispatcher neglected to advise him that Mr. & Mrs. Guardiola were inside the building, which consists of a maze of private offices. The uniform officer requested the dispatch of a K-9 unit. When the K-9 officer arrived, he entered the building and announced to any possible intruders that he would release the dog unless they surrendered. Upon hearing no response, he unleashed the dog and the dog commenced a building search. The officer did not know that Mr. & Mrs. Guardiola were inside the building until he heard Mrs. Guardiola screaming. When the officer arrived at the rear office where she was located, he found her on the floor being bitten by the dog. She sustained several deep punctures to her left leg. The dog bit her more than once because when she was initially bitten and fell to the floor, she began to struggle. The dog, who is trained to administer one bite and to hold until he is pulled off by his handler, continued to bite her. The dog acted consistent with his training because he interpreted Mrs. Guardiola's action as physical resistance. 92— 14 W i i Members of the Torts Committee November 6, 1991 Page -2- i Mrs. Guardiola was transported to Hialeah Hospital where she remained for three days. She required 48 stitches close the puncture wounds. A cardiologist was called in for consultation due to her history of hypertension. She incurred approximately $5,000 in uninsured hospital expenses. Mrs. Guardiola was unable to work in the janitorial business with her husband from April 1990 to August 1990. During that time she and her husband had to employ several different people to replace her. They have presented cancelled checks totalling $3,500 which was paid to those persons. Additionally, they lost several ongoing janitorial contracts because the people who replaced Mrs. Guardiola were not performing as well as she had. On a more long term basis, some of the veins in Mrs. Guardiola's lower left leg were destroyed from the deep punctures, which causes her leg to swell up when she is on her feet too long. Consequently, she cannot work in the business to the same extent as she did prior to the injury. The trial judge has granted Mrs. Guardiola's motion for summary judgment on the issue of liability. All that remain for a jury's determination is how much to pay Mrs. Guardiola for her pain and suffering, in addition to her out of pocket expenses. Similarly, all that remain with respect to Mr. Guardiola is how much to pay him for loss of consortium. A potential jury verdict for them could easily exceed $100,000. Based upon the clear liability of the city, the absence of any basis for comparative liability against the plaintiffs and the tial amount of jury verdict, it is recommended that a seof $65,000 be ratified. PROVE DISAPPROVED �ftyQm nn J n s Atto tnoy Christopher V. -Kurtz Assistant City Attorney on M. Fitt4l sistant City Attorney eren R. Bittner sistant City Attorney L/ 92-- 14 3 Members of the Torts Committee Page -3- Theresa L. Girten /1 I-t-rd Assistant City Attorney P1859/CCM /yGM Sujan RiskZn-s,Cet jr 'a, Director November 6, 1991 r J� f Humberto Hernandez ,_ Assistant City Attorner/�,: ,� 1 9 2 -r 14 5