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Home My WebLink AboutR-92-0545t� r J-92y-593 9/10/92 92- 545 RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE REGISTRY OF THE CIRCUIT COURT, AND TO BE ADMINISTERED BY AND ONLY BY THE COURT, THE SUM OF $65,000, FOR RUFINA NODA, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE N0. 91-48254 CAS-23, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS, FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND. WHEREAS, RUFINA NODA, through her attorney, filed a claim and lawsuit against the City of Miami, in the Circuit Court of Dade County, Florida, Case No. 91-48254 CA-23, for alleged negligence arising out of an accident on July 9, 1990, when she fell in a hole on an area of sidewalk that was maintained by the City of Miami, on Southwest 8th Street, in Miami, Dade County, Florida; and WHEREAS, the above claim has been investigated by the Risk Management Department and the City of Miami's Law Department, pursuant to Ordinance No. 84-17, which created the City of Miami's Self -Insurance Program, and said offices recommend that the claim be settled for the sum of Sixty -Five Thousand Dollars ($65,000.00); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: N CITY COMKISSION MEETING OF S E P 1 0 1992 Resolution No. 92- 545 W J-92-593 9/10/92 9 2- 545 RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE REGISTRY OF THE CIRCUIT COURT, AND TO BE ADMINISTERED BY AND ONLY BY THE COURT, THE SUM OF $65,000, FOR RUFINA NODA, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 91-48254 CA-23, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS, FUNDS TO BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND. WHEREAS, RUFINA NODA, through her attorney, filed a claim and lawsuit against the City of Miami, in the Circuit Court of Dade County, Florida, Case No. 91-48254 CA-23, for alleged negligence arising out of an accident on July 9, 1990, when she fell in a hole on an area of sidewalk that was maintained by the City of Miami, on Southwest 8th Street, in Miami, Dade County, Florida; and WHEREAS, the above claim has been investigated by the Risk Management Department and the City of Miami's Law Department, pursuant to Ordinance No. 84-17, which created the City of Miami's Self -Insurance Program, and said offices recommend that the claim be settled for the sum of Sixty -Five Thousand Dollars ($65,000.00); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMNIISSION MEETING OF S E P 1 0 1992 Resolution No. 92-- 545 r .1 r 1' Section 1. The recitals and findings contained 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 Director of Finance is hereby authorized to pay to the registry of the Circuit Court and, to be administered by and only by the Court, the sum of $65,000.00, for Rafina Noda, without the admission of liability, in full and complete settlement of any and all claims and demands against the City of Miami, as set forth in Case No.91-48254 CA-23, in the Circuit Court of the Eleventh Judicial Circuit, upon the execution of a Release, releasing the City of Miami from any and all claims, and demands, funds to be provided from the Insurance and Self -Insurance Trust Fund. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this loth day of Sezember , 1992 CITY CLERK BUDGETARY REVIEW: 14ANUIIAK 5. a a ASSISTANT CI 10 XAVIER MAYOR -2- 92- 545 �N1E I A.- SELF -INS UST FUND REVIEW! SUJAN S..ZHIJABPtAt DIRECTOR OF RISit MAM. i•;N Nd SELP-IN4vftKNcE AND INSURANCE TRUST FUND PREPARED AND APPROVED BY: PAMELA PRIDE-CHAVIES ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: AL!Sa �'r-9,_2 MON s�_ 0�5 L.Aw 1)Ep#r CA=25 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM to Honorable 14 q''y or and Members DATE . Auqu$t 14, 1992 Mgt, LT-91-344 of the Ciy -c'emission ! suwacr : Rufina Noda v. City of Miami i Court case #91-48254 A-23 90-0$5 PROM A. `Quinn J61015, III +19RSAENCEa Cit% A_tt4w4ey MLWA 9$ettlement Authority Attached is a copy of a Request for Settlement Authority doted July 47t 1992, approving settlement in the above -mentioned case in the amount of sixty-five thousand dollars ($650000.00). `- A proposed Resolution authorizing the Director of finance to pay Rufino Noda and her attorney, John Bunke, is also Attached to this memorogdum. =•:$aid 40ttlemont is being made without admission of liability antiW;.'the sum'of sIxty-five thousand dollars ($65,000.00) is agreed to be a .fuiI and complete settlement of any and all claims and demands 'egolne't the City of Miami. The execution of a Release of All Claims Dill release the City of Miami from any and all claims and demands ,heretofore made in the above -mentioned cause. A-coii0leto evaluation of the claim is contained in the attached- Re4uost for Settlement Authority. in the evaluation, the facts of -the oase are clearly not forth and indicate that Ruftna:Noda`seriously injured herself as a result of falling in a hole:-- in, an area of sidewalk that was not properly maintained by the -- City of - Miami . .. As a result of the foil, Ruf ino Noda shatt4�i h#r hip and is permanently crippled. --Thio claim has been investigated by the Toast Committee, approved br the Risk Management Department and is hereby ropommendod ; by, this office. pPC/e1?/M0$2: 92- 545 ••...lei I..! M `�1 -- ca M 0 N 1`:N O 4 L A W 97 IE P'r Members of t�e Tort Committee duly 17, 1992 Page Two Plaintiff bears an approximately sixteen inch (16") permanent scar on her right thigh from the required surgery and cannot walk without thq;asslstance of a cane or a four -legged walking device. $to claims tQ be in pain all of the time despite medication. _ Apart ;!from surgery, Plaintiff was required to undergo physical ihiarapy and has reached the maximum rehabilitation expected. :�ccordinqq to our independent medical examiner, she has a permanent; disability of approximately fifteen percent (15%). She complains of constant pain in her leg and back as a result of the injury;. She weirs a back brace and is unable to sit for long periods of .time due to the pain and stiffness that results therefrom. :She is unable to stand for long periods of time, as she tires easily and cannot stand without support. She is on medication' tor pain and it is anticipated" that she may develop arthritis in the near future due to her sedentary life-style. No improvement ,In Plaintiff's condition in expected and she will remain crippled for the rest of her life. ►LFSM I ' Plaintiff stated in deposition, that she remembers stepping into a "hoe" with her right foot. The planter area where Plaintiff 4�logedly stepped is an area covered with tree roots, dirt and 1�4ves and is approximately two inches (2") in depth lower than; the sidewalk. The area where she stepped was not maintained.0ith bricks as were all other planters on Southwest 8th Street. Plaintiff's mother, in deposition, stated that Plaintiff was walking behind her two or three steps just before she heard a scream and tall. She stated Plaintiff fell in the area where the bricks were missing and when they tried to help her she could not get up. Although an issue of comparative negligence will arise should the' case go to a jury, the Plaintiff's damages are quite extensive t1hus rendering the possibility that a very large verdict could be rendered for her. Despite the fact that the City of Miami did .not design the sidewalk, the City did, pursuant to a document (known as the 8th Street Agj:oement) agree to maintain the sidewalk area, plants, planters n`d bricks at the specific location referred to in her Complaint -al,• Said agreement was in effect at the time of the alleged incident. The location whore Plaintiff fall was the only planter that was missing the sidewalk expanding bricks. The Department; of Public Works has no explanation why the bricks were missing frogs that particular planter at that time. y 9?- 545 AUG- 1 7-92 MON i Ems; r3's LAW 2]Ept r° 01. en - 10—.2.7•-92 MON i 1 " 4 L A W D E P T � 1 QITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM f0 Members of the Tout Committee Pamela PridO-Chavies . Assistant CXty Attorney P . G -e DATE July 17, 1992 "It L-91-344 sue,,ee► Rufina Noda, a single woman v. City of Miami D/It 5/10/90 gEFERENCES Clls 1012 S.W. 8th St. Claim 0011/QL-90-085 ENCLOSUPES 4UPPL9ME_�_ REQUEST FOR SETTLEMENT AUTIRORITY ST,A 9 a This .Jase is not for trial during the two (2) week eriod commencing ton Mondayy, July 20, 1992. Mediation was held on Friday, July 20, 1992, during which time a settlement was discussed. i UCK9R0VNQ:1 The Plaintiff is a 56 year -old Hispanic female, who has lived with her mother and father all of her life. Her father passed dwa approximately seven (7) years ago after which time the Pla stiff, , as lived solely with her mother. The $ aintiff has never been married, never worked, and has no childre . Plaintiff is presently totally dependent on the care of her 84 year-olmother. She is unable to do housework, chop, take walks or g� to church. Plaintiff alleges that while walking westbound on southwest 8th Streets in Miami, on July 9,,1990, she tripped and fell on an area of 4i e'walk that was fourteen inches (140) wide. The area where she fell next to was a square planter that the City had agreed to aintain. Due to the lack of bricks being installed in the plant* next to the sidewalk where Plaintiff fell, a hole in the ground existed which caused her to fall and break her hip. Plaintiff sustained serious injuries as a result of her fell in the open planter and was required to undergo immediate surgery for the repair of her hip which was broken its three places. Sargery'10olved the implantation of a metal rod to hold the hip Joint in place. 92- 545� AU Gr- i T-92 MON i o m L p W D E P T 4 i P . 0 9 Members of1�he ;f Tort Committee July 17, 1992 Page Three Plaintff is suing the City for the maximum mount of coveraye, no hundred thousand dollars ($100,000). Present medical bil a total approximately eighteen thousand ono hundred eighty eight dollars and eighty four cents 1$18,108.84). Future medical bil s are anticipated for the remainder of her projected life. Past and future pain and suffering, mental anguish, loss of enjoyment of life, etc, have also been claimed. t 'f Where0re, authority to settle this case In the amount of sixty five .thousand dollars ($65,000) is requested, subject to C t ommi ion approval. PROV IDt APPROVED - Authority in the amount of $65,000. Citww." y At f sis ant 4ity 0 9� Assistant Clty Attorney MRSTOPHEAF KURTZ Assistant City Attorney PIC--* .. Assistant sistant ty Attorney ty Attorney 92-- 545 15 i A►ud-ilr-'9:2 MON lers LAW DEPT p. Ila i y i Members of the Tort Committee July 17, 1992 MA7 DA ID FOR r JR. Assistant W 1�ttorney � UJ S. C ksk Urecttor Depa 1CtM, f Mana emont i PPC/epf M055 , .t i