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HomeMy WebLinkAboutR-91-0263�4 J•-91-279 — 3/12/91 9� RESOLUTION NO. -� 263 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO PABLO GUERRA, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $35,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL !CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, - PLORIDA, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS, WITH SAID FUNDS THEREFOR BEING ALLOCATED FROM THE CITY OF MIAMI. INSURANCE AND SELF-INSURANCE TRUST FUND. } j .WHEREAS, Pablo Guerra, filed a claim against the City of is Miami for alleged bodily injury, resulting from an accident on May 25, 1989 at or near S.W. 29th Court and S.W. 7th Street, in Miami, Florida; and _ f WHEREAS, the above claim has been investigated by the Torts Division of the City Attorney's Office and in accordance with Ordinance No. 8417, which created the City of Miami's Self- ?PREPARED AND APPROVED BY: V,V n �.� +; S y .III .S2U DEPUTY C ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 0 GE" L . ANDE Z J C I Y: ATTORN { '.s.' ,� JLF/AQJ/gfa/M2140 • F- _ r s; G 4 t � $F'�t?�trv� k`�,�� s.� i,� �:S � .� „ y } T �t � s «�;'�:: v � a x t=z. r ••; _ �� .{ '7' '�?�.'� .� �p "�J�",+* w�i��, T6 FROM Honorable Mayor and Members of 'the City Commission DATE : April 11 1991 FILE: J-91-270 SUBJECT : Resolution Authorizing Settlement with GUERRA Claim No. 017/V-89-212 REFERENCES: D /A: May 25, 1989 City Commission Agenda ENCLOSURES: Apr i 1 l l , 1991 Attached is a proposed Resolution authorizing the Director of Finance to pay Pablo Guerra, without admission of liability, the sum of $35,000, in full and complete settlement of any and all claims and demands against the City of Miami, upon the execution of a Release of All Claims, releasing the City of Miami from any and all claims and demands. The complete evaluation of this claim is contained in the attached Tort Committee settlement memorandum. In brief, the claimant was walking westbound on S.W. 7th Street, crossing S.W. 29th Avenue, and was struck by a crane operated by an employee of the City of Miami Solid Waste Department. As a result, Mr. Guerra fell and struck his head. Claimant incurred medical expenses of approximately $8,500.00 and a permanent disability .,4: .,an% CITY OF MIAMI, FLORIDA INTER -OFFICE WIMOAANDUINI .. to: Jorge L Fernan•dez DATE February 7,-.1991 GLI7G City A torney, Members °f V5.921 Of Th Tort Committee SUEUECT : Pablo Guerra vs. The City of Miami t D/A: 5/25/89 FROM U j a n $`'. C h h d b �� , REFERENCES Admi n I . A. 'a to r ENCLOSURES REQUEST FOR SETTLEMENT AUTHORITY Factsf This will blal supplement to our initial settlement memorandum #- dated December 13, 1990. Accordingly, please be advised that an offer of $24,750.00 was made to the plaintiff attorney, which was declined. The plaintiff attorney has submitted a letter, which copy is t' attached, wherein he states that his client was taken to a nursi"ng home as a result of this accident at a tremendous expense: Evaluation: The plaintiff attorney, is willing to settle this claim for no less than $35,000 000. It".is °rec"ommended that a reevaluation of this claim be done, so that _we can:br4.ng this claim to a conclusion. SSC/TMQ/acp` l' f "�_ } t ��£r m .. . �. + n olige rnan ez C i t A.tt o ri y eputynCijwAttorney .: UT Assistant City Attorney 4 F v Tb : Jorge L . City Atto Of The T Fe andez DATE : ey, Members rt Committee susitu : December 130 1990 FA17G V89212 Pablo Guerra vs. The City of Miami D/A: 5/25/89 FROM : SuJan S. ��,1 Di vi si Depar e L�A: SW 7 St & 29 Ct REFERENCES: h bra, Administrator Miami, Florida .: f i sk Management cLosuREs o Personnel Management' ' REQUEST FOR SETTLEMENT AUTHORITY 0pj� Facts: This accident 7 s 50 a.m. occurred on Thursday, May at the above mentioned location. 25 1990 at approximately - Claimant, Pablo Guerra was walking westbound on S.W. lth Street crossing S.W. 29th Avenue. City driver, rear did and injure Lionel Nelson operating a Solid Waste crane from the not see the claimant and struck him causin.g him to fall his head. We have attached a complete medical history which was performed by Irma Luthy, Nurse Consultant, for your perusal. { Facility Oates Amount City of Miami 5/25/89 $ 75.00 Fire Rescue Jackson Memorial Hospital 5/25/89 839.00 North Gables Hospital 6/26/89 1,885.00 P.T. Care Plus Enrique L. Fonte, MD, PA Rafael G. Madrigal PT-9/29/89-2/5/90 9/28/89 2/21/90-6/6/89 TOTAL 1,800.00 200.00 3 s635.00 $8,434.00 Evaluation: The plaintiff attorney has made a demand of $100,000 to settle his bodily injury claim. It is recommended That an amount of $20,000.00 be extended for negotiation and settlement purposes. SSC/TMQ/acp - - �.-.....Wu2" :` i CITY OF MIAMI, FLOAIDA INTlrIi•OFFIG. MEIAGHANDUM 1 ©: Jorge L. Ferna et onrE: ,December 120 199© FII76 City Attorne Members �� - -. V99212 of the Tort ommi ttee + sua,Ecr , Pabl o Guerra vs. THE CITY OF MIAMI D/A: 06/26/89 FROM : REFERENCES: Sujan S. Chh a. Administrator • Division o i sk anagement ENCLOSURES: y Departme o Pe sonnel Management Attached is a i 1 e requi ri n�..T�rt—Committee review. P1 ease evaluate the file us your comments. Please return the file for pre -suit claims negotiations and/or further handling. Thank you for your prompt attention. SSC/TMQ/acp U8/31/78: Initial office visit with Dr. Rafael G. Madrigal. Arthritis of both hands, treated with Indocin; high blood pressure; diaoetes x 20 years, controlled by diet; cold feet. Recurrent dizziness 5 days ago with work -up at hospital. Complains of neadacnes; gets up 2-3 times a night to`go to the bathroom. States he has dyspnea icu 1 bf thin ) Drinks one whiskey a day. (dittty ea g . ,10/U'3/78 to 10/07/78 - Admission to American Hospital of Miami (currently called: AMI Kendall) �- Admitting: Physician: Dr. Rafael G. Madrigal - Int. Med/Card Admitting Diagnosis:_Persistent dizziness Past•Medical History:-Hign blood pressure x 4 years; adult - onset diabetes mellitus; 10 day history of intermittent d'izzness,°accompanied_or preceded most of the time by `:severe palpitations.and difficulty breathing. The day x` prior to admission developed blurred vision and slurred ' speech; mild weakness of the left upper and .lower limbs and :.had to remain in bed during the rest of the -day. previous episode of dizziness.more than five years ago which required hospitalization. teas =sent. for immediate. admission and neurological w/u. Pro ems-Persistentfdzziness.- placed :on anti -vertigo {:medication. (•Antivert) ; , Rule out transient ischeinic F a'. attack; probable recurrent.vertebrobasilar � ; � : ..� .insufficiency. � �-� �• -.. , ;.. . 12..-Ad ult. on et ._diabetes. mellitus .- confirmed by blood work:. h 3: Bigh olood pressure (essential), controlledby?j 3` medication: Diagnostics-:,., ',e showed:sinus bradycardia and first degree F AV>block; Skull X-rays with large venous lakes on -' tt�e'._ a .ieto-occipital areas that could be due...to osteolytic::les'ions; :Brain scan with delay flow,_thru :.-the .r ght= ntracerebral circulation: ,s rN r F J c . i m* f I4t i 1 cT r g. 2 g R'Cn .•`Yg 4SFl F dt 4'y t C :. t i ^�yy�H. -9�x� [)'art •''=[! '4!' ', t 1 y., a.Y PABLG OU919A DECEMBER lit 1990 PAGE 3 05/31/84: Dr. Madrigal - o/v, severe osteoarthritis in rignt knee with increased swelling and local temperature, but unable to take Non -Steroidal Anti-inflammatory medications. •_ Elevated blood pressure with minimal headaches in a.m. k; 08/31/84: Dr. Madrigal - o/v, still with pain both wrists/right knee, in spite of local treatment. Mild headaches in { a.m. Swelling lower legs with 2+ (?edema?). 11/27/84: Dr. Madrigal - o/v, osteoarthritis still bothering him specially in hands and fingers. Elevated B.P. in spite of medications, but, by himself, decreased dyazide to every other day instead of daily. Lower extremities with persistent coldness. Neck with bruits. Heart murmur present. Lower legs with trophic changes in toe- nails. Dx: Essential hypertension; Arteriosclerotic Heart Disease; Diabetes Mellitus; Peripheral Vascular Insufficiency. 02/04/85: Ur. Madrigal - o/v, severe pain in both knees, increased with deambulation, now worse in spite of treatment. Worried with stomach aches. High blood tratment but with frequent headaches and/ pressure on e or dizziness. Mild swelling in lower legs. 05/06/85: or. Madrigal - o/v, severe low back syndrome (osteo- arthritis) but improved pain in both knees. 08/06/85s Dr. Madrigal - o/v, profused sweating with mild chest d scomfort`yesterday? with spontaneous relief. States that he:has-occasional loose stools. Complains of insomnia.' 11/01/85: Dr, `Madrigal -'o/v, minimal headaches in a.m.'; pain in dor`sum of right toot. Spilling sugar in urine. r > 02/06/86. Dr Madrigal. - o/v, severe 'swallowing of air`, no dyspnea,`hypertension on treatment ah the time. Added t Darvocet 100 as needed for ,pain. 03/07/86 to , O3/09/86_.-' Admission to "Coral' Gables Hospital, Admitting Phys.ician;'Rafael'G. Madrigal, i�l.D- Int. Med/Card Admitting Diagnosis Uncontrolled intractable diarrhea and d'ecompensated diabetes mellitus 4 i s - [ 16 !' s r i} t. iJ6 r 5 t y 1p■ t P6 l - Past Medical History: Adult onset diabetes mellitus during the last 3 or 4 years; high blood pressure; atypical angina pectoris. During past 4-5 days had been having recurrent episodes of colicky type abdominal pain. on • eve of admission, had several repeated episodes of colicky type abdominal pains accompanied by profuse diaphoresis and sensation of impending loss of cgnsciousness, almost fainting in the bathroom. Condition persisted and was brought to the E.R. Problems: 1. Acute enterocolitis 2. Decompensated diabetes mellitus - home blood sugar monitoring showed 325 mg. blood sugar. 3. Peptic ulcer disease, by history. Diagnostics: EKG showed diffuse nonspecific ST-T wave abnor- malities; Chest X-ray showed degenerative changes of the thoracic spine; KUB X-rays showed degenerative changes of the lumbar spine Discharge Diagnosis: 1. Acute enterocolitis and dehydration 2. Decompensated non -insulin -dependent diabetes mellitus'(hospital blood sugar levels ranged from 160-170 mg);. recommended to start on Diabinese but patient refused this. 3. Essential hypertension discharged home on medication. 4. Degenerative joint disease. 5. Primary hypercholesterolemia, mild 03/11/86: Dr. Madrigal - o/v, osteoarthritis still severe in• right knee and low back#. continues with swallowing of — air, indigestion, etc. 08/21/86: Dr. Madrigal - o/v, painful urination, frequency, .:urgency,- nocturia 3-.4x/night for few months. Low back pain; Enlarged prostate with slightly hardened right lobe: 09f91%86 .Admitted to North Gables Hospital. Apparently had prostatectomy for cancer of the prostate. 09/29/86. Dr..'Madrig"al - o/v, recurrent profuse diaphoresis at times when fasting for few hours and relieved by,oral q HC "(.?) , : in spite ; of not taking any oral anti diabetic ent.. `Status post prostatectomy and questionable bone i 'metastasis. Anemia. 11/03/86: Dr. 'Madrigal - o/v, weak and tired. Still anemic., I . �1 a t t S t � i II4-+!s`i. v ..i,...:✓}�' z ,s r. r � . r.., _ _r.'z_, ra z - .i ...: _ .. .z .., il ^:..... r <. �..,".. _ . Y a....i .. .. _. ... d rv. ... . �'frit7�`.r7i, -- - -- - 7 ..,. .` h 4 PA��OLO O�tEi+1�A 1 yy� �yy btCEMEER lit 1 t 990 pA0E 6 10/22/88: ABDOMINAL SONOGRAM: unremarkable 10/22/88: ECROCARDIOGRAM requested by Dr. Sacerio (in — Jacksonville) = partially calcified aortic valve, .. normal mitral valve, concentric left ventricular nyper- trophy. There is markedly diminished left ventricular compliance. 10/26/88: Following testing also performed in Jacksonville UGI SERIES: normal t BARIUM ENEMA STUDY: normal CT SCAN OF THE HEAD: areas consistent with the presence of old infarcts; no acute process; osteolytic lesions in the skull suggested. 11/02/88: Following test also performed in Jacksonville BONE SCAN: small areas of increased uptake in the lumbar spine, wrists and medial aspect of the right knee apparently related to arthritis. Scoliosis. 12/09/88: Dr. Madrigal - o/v, recent flu with fever, myalgias, malaise, with chest pressure. Hypertension, refuses Tenex. Osteoarthritis with same severe low back pain. ACUTE BRONCHITIS. Respiratory treatments ordered. — 01/16/89: Dr. Madrigal- o/v, elevated blood pressure, feeling very bad, very tired, weak after recent flu; headaches. Uncontrolled blood pressure. 03/17/89: Dr.'Madrigal -'o/v, high blood pressure, on treatment; Insomnia; severe swelling lower legs. `OS/25/89: Taken to JMH E.R. tollowing head injury. No skeletal fractures noted; CT Scan of the head showed no acute _-;`abno`rmaltie's. ,- 05/26/89 to`05/27/89: Admitted to North Gables Hospital for 23 hour obser"vaton following head injury. OS/26/8`9: "ECHOCARDIOGRAM- done at North Gables Hospital ,.,.. (esse:ntially 'similar to one done in 1988, in j "Jacksonvil,Ie) _— < 06/06'/89: Dr.='Madrigal - o/v,' still with' severe 'intermittent t and-vertigo on and off. Since last two days,. 1' severe cough with chestpressureand dyspnea on/off P_ ` with -fever. ACUTE BRONCHITIS. 3 I S, , 1 e f Aa rt }{ Ci`'13t N. A ihz f 1 t_ a b JN, t. tV. t z PABLO WERRA DECEMBER 110 1990 PAGE 7 06/07/89! Chest X-ray taken at North Gables hospital showed no change from previous X-rays done in 1986. CT Scan of the Brain showed changes compatible with cortical atrophy. No evidence of intracerebral or ` extradural collection (essentially same as one done in 1988). 07/03/89 to 07/14/89: Admitted to North Gables Hospital by Dr. Madrigal with diagnosis of: unstable angina pectoris; acute bronchitis, with probable pneumonia; severe chronic obstructive lung disease with severe bronchospasm; adult onset diabetes mellitus; dilutional hyponatremia. 07/18/89: American Health Care Services referral for home care treatment due to exacerbation of osteoarthritis, for _ physical therapy. 08/28/89 to 09/12/89: Admitted to North Gables Hospital by Dr. — Madrigal for diagnosis of: right lower lobe pneumonia and acute respiratory failure; severe chronic obstructive lung disease with chronic asthmatic bronchitis; decompensated insulin dependent diabetes mellitus; arteriosclerotic heart disease; essential hypertension; status post recent multiple trauma. No further office visit notes submitted by Dr. Madrigal for !° follow-upfcarerendered.' i. COMMENTS * As noted`in the medical history, Mr. Guerra has suffered in the �;•; past, prior to our accident, from: dizziness & vertigo headaches left sided weakness ,.< dyspnea and bronchitis uncontrolled diabetes with refusal to take anti -diabetic , medic ` �� uncontroll�ine` ed hypertension with non-compliance of medication Y ost'eoarthritis' and` scoliosis' angina ,.Irregular heart beats41 swollen feet due."to impaired circulation ; plaque` 'formation of his carotid arteries with occlusion, k .* .d 4111 i fD- Y _ t y SS fit. .ue. .-.•: .... Y r ..; - r_ .. _ .. .... _.. .. . _.0 xax 6ih�..:�itN_=