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HomeMy WebLinkAboutR-92-0256J-92-273 4/2/92 RESOLUTION NO. y 2~ 2 5 6 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JORGE C. BORRON, WITHOUT = THE ADMISSION OF LIABILITY, THE SUM OF $90,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND MANUEL TEJADA, IN CIRCUIT COURT CASE NO. 91-35828 (CA 27), UPON THE -_ EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI AND MANUEL TEJADA FROM ANY AND ALL CLAIMS AND DEMANDS, FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND. _ WHEREAS, Jorge C. Borron, through his attorney, filed a claim and lawsuit against the City of Miami, in the Circuit Court of Dade County, Florida, Case No. 91-35828 (CA 27), for negligence arising out of an automobile accident involving a City of Miami street sweeper driven by Manuel Tejada, on April 26, 1990, at or near Coral Way and S.W. 29th Avenue, Miami, Dade County, Florida, and WHEREAS, the above claim and lawsuit has been investigated by the Torts Division of the City Attorney's Office and the Department of Risk Management pursuant to Ordinance No. 8417, which created the City of Miami's Insurance and Self -Insurance Program and said Office recommends that this claim and lawsuit be settled for the sum of $90,000.00; CITY COIF► MSSION MEETING OF APR 3 Q 1992 Resolution Ncu 92- 256 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 Jorge C. Barron, forthwith, without the admission of liability, the sum of $90,000.00 in full and complete settlement of any and all claims and demands against the City of Miami and Ma:. -'el Te jada, in Circuit Court Case No. 91-35828 (CA 27) , upon the exec.ition of a general release in a form acceptable to the City Attorney, releasing the City of Miami and Manuel Tejada from all claims and demands; said money to be provided from the Insuranco and Self-l"nsurance Trust Fund. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 30th day of -April , 1992. ATTEST: k MATT HIRAI CITY CLERK SELF -INSURANCE -TRUST FUND REVIEW: SUJAN CHHAB , IRECTOR DEPARTMENVOA XSK MANAGEMENT L .1 SUARB%-, -2- 92- 256 K� C BUDGETARY REVIEW: MANOHAR S. SURA;LATG� ASSISTANT CITY PREPARED AND APPROVED BY: = W EN BITTNER ISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 92- 256 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM J-92-273 TO: Honorable Mayor and Members DATE April 2, 1992 FILE L-91-252 of the City Commission SUBJECT. Resolution Authorizing Settlement with Jorge Borron Case No. 91-35828 (CA 27 ) FROM A'. Quinn J es, f I I REFERENCES City Atto ey J City Commission Agenda ENCLOSURES : April / 0 , 1992 (1) Attached is a proposed Resolution authorizing the Director of Finance to pay Jorge Borron, without admission of liability, the sum of $90,000.00, in full and complete settlement of any and all claims and demands against the City of Miami and Manuel Tejada, upon the execution of a Release of All Claims, releasing the City of Miami and Manuel Tejada, from any and all claims and demands. The complete evaluation of this claim is contained in the Tort Committee settlement memorandum, personally distributed to you by my assistant, Warren Bittner. In brief, the claimant sustained severe injuries in an accident involving a collision with a City of Miami street sweeper, in which the City driver is alleged to have impinged upon the plaintiff's right of way. This claim has been investigated by the Tort Committee and the Department of Risk Management, and is hereby recommended by this Of f ice. AQJ%WB/s1s/P1342 attachment 92— 256