HomeMy WebLinkAboutR-92-0801J--92--817
11/20/92
RESOLUTION NO. 9 2- 8 0 1
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO CARLOS SALINAS THE SUM OF
$100,000.00 IN FULL AND COMPLETE SATISFACTION
OF JUDGMENT, AGAINST THE CITY OF MIAMI, IN
CIRCUIT COURT CASE NO. 89-19257 CA (04), UPON
THE EXECUTION OF A SATISFACTION OF JUDGMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FUNDS TO BE PROVIDED FROM THE INSURANCE AND
SELF-INSURANCE TRUST FUND.
WHEREAS, Carlos Salinas, through his attorneys, Friedman &
Friedman, filed a claim and lawsuit against the City of Miami, in
the Circuit Court of Dade County, Florida, Case No. 89-19257 CA
(04), for negligence arising out of City of Miami paramedics'
responding to an emergency call on October 22, 1987, Miami, Dade
County, Florida;
WHEREAS, the above claim and lawsuit was tried before a jury
resulting in a verdict against the City of Miami, and the entry
of a Final Judgment in the amount of $100,000.00; and
WHEREAS, the Final Judgment was appealed to the Third
District Court of Appeal resulting in the Final Judgment being
affirmed;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COMMISSIOAI
MEETIPIG OF
D E C 1 0 1992
FW OC;Iutiori NO,
92-- 801
A
Section 1.. The Director. of Finance is hereby authorized to
pay Carlos Salinas, forthwith, the sum of $100,000.00 in full and
complete satisfaction of the Final Judgment, against the City of:
Miami, in Circuit Court Case No. 89-19257 CA (04), upon the
execution of a, Satisfaction of Judgment in a form acceptable to
the City Attorney, said money to be provided from the Insurance
and Self -Insurance Trust Fund.
Section 2. This Resolution shall become effective
immediately upon its adoption.
December PASSED AND ADOPTED this 10th — day of De
_ 1992.
XAVIER L. SUAREZ, MAYOR
ATTEST'
MATTY HIRAI
CITY CLERK
SELF -INSURANCE -TRUST FUND REVIEW:
` SUJAN
DEPAR
RA, DIRECTOR
OF ISK MANAGEMENT
ETARY REVIEW:
MANOHAR S. SURANA
ASSISTANT CITY MANAGER
i
-2- 92-- 801
PREPARED AND APPROVED BY:
_ KATHRYN S. PECKO
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
QT31NWEY
ES, IZI
CITY AT
KSP/1b/csk/M3284
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g 2 -- 801
2- ,
r
INTEFI-OFF-Jet- "r: M011AND(,i M
The honorable Mayor and
Members of the City Commission
FROM t
A. nes,City ey
o^TF November 20, 1992 Fit_F_J-92-817
L--89-]_16
URIFc:T Resolution Authorizing Payment
of. Final Judgment in favor of
Carlos Salinas
REFLRENCES
ENCLO5IRES
Attached is a proposed Resolution authorizing the Director
of Finance to pay Carlos Salinas the sum of $100,000.00, in full
and complete satisfaction of the judgment against the City of
Miami, dated March 29, 1990, upon the execution of Satisfactioh
of Judgment in a form acceptable to the City Attorney.
Plaintiff, Carlos Salinas, is now a paraplegic as a result of
injuries sustained when he jumped off the Metrorail platform near
Jackson Memorial Hospital. He sued the City for negligence
because fire rescue paramedics failed to ensure he was properly
secured when they dropped him off at the emergency room at
Jackson Memorial Hospital. The jury returned a verdict of $3
million in his favor, but found him to be 90% comparatively
negligent. The trial court Entered final judgment in the amount
of $300,000, but limited execution to $100,000 pending further
action of the legislature.
On appeal, Plaintiff asserted that he could not have been
found comparatively negligent as a matter of law because he could
not appreciate the danger he posed to himself, or, in the
alternative, the City failed to adduce any evidence of
Plaintiff's comparative negligence. The appellate court rejected
these argiments and affirmed the final judgment. This is
significant because if the Plaintiff did prevail, the comparative
negligence finding would have been stricken and a judgment for $3
million would have been entered against the City.
We attach a copy of the Final Judgment, Order Limiting
Execution on Final Judgment and Opinion of the Third District
Court of Appeal for your review.
AQJ:KSP/lb/P1246
_ t 92- 801 2j
111 '.'P111 C.TRC TJTT COURT01, TIir
17.T1I JUDICIAL ("TRCUT'T :LN AND
FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 89-19257 CA 04
CARLOS SALINAS,
Plaintiff,
vs.
FINAL JUDGMENT
THE CITY OF MIAMI,
Defendant.
PURSUANT to the jury verdict rendered in this action;
IT IS ADJUDGED that Plaintiff, CARLOS SALINAS, shall
recover from the Defendant, THE CITY OF MIAMI, FLORIDA/ the sum
of Three Hundred Thousand ($300,000) Dollars and no/100 cents to
accrue interest at the rate of twelve (12%) percent per annum for
which let execution issue. This Court reserves jurisdiction to
tax costs in favor of Plaintiff.
DONE AND ORDERED in Chambers, at Miami, Dade County,
Florida, this day of 1990.
JOSE PH P FARINA
WCUIT J UDGc
CIRCUIT COURT JUDGE
Copies funished to:
John S. Seligman, Esquire
Alejandro Villarelo, Esquire
92- 801 �
IN T HF- CI11 COW11- Of- 1-fIE 11TIi
,R-101C IAI_. ClfiCUIT IN AND 1-011 DADE
COWTTY, F1.0f3lDA
DIVISION:
CASE NO.:
Plaintiff(s) )
VS. ) ORDER DENYING/GRANTING
PLAINTIFF'S/DEFENDANT'S
i Defendant(s) )
THIS CAUSE having come onto be heard on
on Plaintiff's efen ad ntv''s otion
and the Court having heard argument of counsel, and being otherwise in the Premises, it is hereupon,
ORDERED AND ADJUDGED that said Motion be, and the same is hereby
J
DONE AND ORDERED in Chambers, at Miami, Dade County, Florida this
day of , 19
r 1
t,ircuii juage
Copies furnished to:
S
l
\
I- CLK/CT178 10189 VETPO0'DE,DS-V.TYDT 9 -/ 8 (, l 5
at
NOT FINAL UNTTL TIME EXPTRES
TO FILE REHEARING MOTION AND
IF FILED, DISPOSED OF.
Cl FgO SAL I NAS ,
Appellant,
VS.
THE CITY OF MIAMI,
Appellee.
IN THE DISTRICT COURT OF APPEAL
,OF FLORIDA
THIRD DISTRICT
JANUARY TERM, 1992
**
**
** CASE NO. 90-1773
**
**
Opinion filed April 28, 1992.
An Appeal from the Circuit Court of Dade County, Joseph P.
Farina, Judge.
Friedman & Friedman; Daniels & Talisman and Patrice A.
Talisman, for appellant.
A. Quinn Jones, III and Kathryn S. Pecko, for appellee.
Before LEVY, GERSTEN and GODERICH, JJ.
PER CURIAM.
Affirmed. See Stirling v. Sapp, 229 So.2d 850 (Fla. 1969);
United Farm Agency of Fla., Inc. v. DKLS. Inc_, 560 So.2d 1212
(Fla. 3d DCA 1990).
g') �- 8 01