HomeMy WebLinkAboutR-92-0456J-92-499
6/18/92
4
RESOLUTION NO.
A RESOLUT ON AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO JESSICA N. BURROLA WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF THE
$40,000.00 IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI AND OFFICER ANDREW BOANj UPON
THE EXECUTION OF A GENERAL RELEASE Rf-ZEASING
THE CITY OF MIAMI AND ANDREW BOAN FROM ANY
AND ALL CLAIMS AND DEMANDS, FUNDS TO BE
PROVIDED FROM THE INSURANCE AND SELF-
INSURANCE TRUST FUND.
WHEREAS, JESSICA N. BURROLA, through her attorney, filed a
claim against the City of Miami, for negligence arising out of an
incident involving a City of Miami police horse that was in
control by Officer Andrew Boan on August 16, 1990, at or near
West Flagler Street and N.E. Miami Avenue, Miami, Dade County,
Florida; and
WHEREAS, the above claim has been investigated by the City
+Attorney's Office and the Department of Risk Management pursuant
to Ordinance No. 8417, which created the City of Miami's
it.
Insurance and Self -Insurance Program and said Office recommends
that this claim be settled for the sum of $40,000.003
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 Jessica N. Burrola forthwith, without the admission of
liability, the sum of $40,000.00 in full and complete settlement
of any and all claims and demands against the City of Miami and
Officer Andrew Boan upon the execution of a genf rtjTYr MSjM a
MEETING OF
J U 1. 0 9 1992
Resolution No.
92- 416
form acceptable to the City Attorney, releasing the City of Miami
and Andrew Boan 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 July r
19 92 .
ATTES .
MATTY HIRAI, CITY CLERK
SELF-INSU
FUND REVIEW:
SUJAN S. , DIRECTOR
DEPART OF RISK MANAGEMENT
BUDGETARY DEPARTMENT:
RANA
rI ANT CITY MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
92- 456
INTER -OFFICE MEMORANDUM CA=1*7
The Honorable Mayor and DATE June 25, 1992 F�LE
Members of the City Commission
r,
Cesar H . Odi
City Manager
RECOMMENDATION:
SUBJECT Resolution Authorizina
Settlement with Jessica N.
Burrola
REFERENCES
ENCLOSURES
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the Director of Finance to pay to
Jessica N. Burrola without the admission of liability, the sum of
$40,000.00 in full and complete settlement of any and all claims
and demands against the City of Miami and Officer Andrew Boan,
upon the execution of a general release releasing the City of
Miami and Andrew Boan from any and all claims and demands; funds
to be provided from the Insurance and Self -Insurance Trust Fund.
BACKGROUND:
The complete evaluation of this claim is contained in the Tort
Committee settlement memorandum, personally distributed to you by
the Department of Risk Management. In brief, the claimant
sustained severe injuries in an incident where a horse from the
mounted patrol is alleged to have kicked the claimant in the rib
and back area.
This claim has been investigated by the Tort Committee and the
Department of Risk Management, and is hereby recommended by this
Office.
9?- 456
I
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: DATE : FILE 'v-9 �'..q�l�
Honorable Mayor and Members May 26, 1992
of the City Commission
FROM :
Cesar H. Odio
City Manager
SUBJECT: Resolution Authorizing
Settlement with Jessica
N. Burrola
REFERENCES:
City Commission Agenda
ENCLOSURES:
Attached is a proposed Resolution authorizing the Director of
Finance to pay Jessica N. Burrola, without admission of
liability, the sum of $40,000.00, in full and complete settlement
of any and all claims and demands against the City of Miami and
Andrew Boan. Upon the execution of a Release of All Claims,
releasing the City of Miami and Andrew Boan 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
the Department of Risk Management. In brief, the claimant
sustained severe injuries in an incident where a horse from the
mounted patrol is alleged to have kicked the claimant in the rib
and back area.
•This claim has been investigated by the Tort Committee and the
Department of Risk Management, and is hereby recommended by this
office.
Attachment
92-- 456
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO; Members of The Tort Committee DA'E March 19, 1992 007PT9'0084 -
SUMLGt Jessica N. Burrola vs.
City of Miami
D/At 8/16/90
FROM : F HEFERENCET'IAt N.E. Miami Avenue &
Michael L. Misler W. Flagler Street _
Liability Supervisor ENcFosuREs
Risk Management Department
REQUEST FOR SETTLEMENT AUTHORITY
On August 16, 1990 at approximately 3:30 p.m. a City of Miami
Police Officer, Andrew Boan was riding his mount names Amos, at
the corner of -I.E. Miami Avenue and W. Flagler Street. The
officer was holding his horse back from walking into the traffic.
The claimant Jessica N. Burrola was crossing the street with her
mother, and walked behind the police horse, but inside of the
crosswalk. The horse kicked back with his right rear leg,
striking the claimant on her right side.
Jessica N. Burrola D.O.B. 11/22/86, 5 years of age, residing at
1401 S.W. 14th Street, Miami, Florida.
The claimant is represented by Attorney Alan Telisman, with
offices located at 12219 South Dixie Highway, Miami, Florida
33156, Telephone Number (305) 255-6300.
First aid at scene and transported to Jackson Memorial Hospital
Emergency Room by City of Miami Rescue 1B.
Jackson Memorial Hospital admitted with initial evaluation:
Liver laceration with subcapsular hematoma, and right intrarenal
hematoma Also found rib fractures on the right side of ribs 8
and 9. Patient discharge on August 27, 1990 by Dr. Luis Zarate.
Final diagnosis was blunt abdominal trauma with liver laceration
and right kidney laceration.
VITAL MEDICAL CENTER -DR. FERNANDO LORA:
Saw patient with initial visit- on September 4, 1990 and continued
through October. 14, 1990.
92-- 456
The Diagnosis: Same as Jackson Memorial Hospital at the time of
discharge October 14, 1990 there were symptoms of pain and spasm
over the right rib cage region, and complaint of abdominal pains,
and headaches. A neurological evaluation and psychiatrist
consultation was indicated.
Saw patient on September 23, 1991.
Diagnostic Impressions: Frequent reliving of the trauma through
nightmares, as well as generalized anxiety, and unresponsiveness.
A diagnosis of post -traumatic stress disorder seems warranted.
Also other symptoms: Anxiety, balance problems, concentration
and memory problems are consistent with a diagnosis of post
concussive -syndrome.
Saw patient on March 19, 1991.
Diagnosis: No abnormal neurological findings. Complaint of
headaches related to accident. Also likely that this accounts
for her present urination at night and some of her sleeping
problems. Also recommended a CT scan and psychological support.
Jackson Memorial Hospital
Vital Medical Center
Dr. Gerald Garcia
Miami Children's Hospital
National Health Lab
City of Miami Fire Rescue
Total Medical Expenses%
8/16/90-9/04/90
$11,419.95
9/04/90-10/14/90
$ 1,225.00
9/23/91
$ 800.00
3/19/91
$ 225.00
9/06/90
$ 65.00
8/16/90
1 98.50
$13,833.43
n
We have a formal demand from Attorney Allan Telisman in the
amount of $75,000.00 for settlement of the total claim.
Approved/Disapproved-For settlement purposes we will recommend
authorization not exceeding the amount of $50,000.00
MLM:FV:drm
-2-
92- 456
APPROVED DI APPROVED- Settlement Authority not to exceed the
amount of , .
44-
Sujan h abra .ire for
City Att ey
Lddn M. Firtel
Assistant City Attorney
e(.o
Charles C. Mays
Assistant City Attorney
rren Bittner
sistant City Attorney
-v� V-�
nv lilt• �,
Christopher F. Ku z
Assistant City Attorney _
12
Humberto Hernandez
Ass' tent City Attornpy
sa L. Gdrten
Assistant C ty Attorney
�Yo W.Ott UAII tg;�
92— 456