HomeMy WebLinkAboutR-91-0335J-91-305
3/ 29/91
RESOLUTION NO. 9 1 3 3 y
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO EUTYCHUS ROLLE and GLORIA
ROLLE, 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, IN CIRCUIT COURT
CASE NO. 90-17802 CA(17), UPON THE EXECUTION
OF A RELEASE RELEASING THE CITY OF MIAMI FROM
ANY AND ALL CLAIMS AND DEMANDS, SAID MONIES
THEREFOR TO BE ALLOCATED FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND.
WHEREAS, Eutychus Rolle and Gloria Rolle, through their
attorney, filed a lawsuit against the City of Miami, in the
Circuit Court of Dade County, Florida, Case No. 90-17802 CA 17,
for a vehicular accident between Mr. Rolle's vehicle and a City
of Miami Solid Waste truck; and
WHEREAS, the above lawsuit has been investigated by the Tort
Committee of the City Attorney's Office pursuant to Ordinance No.
8417, which creates the City of Miami's Insurance and Self -
Insurance program, and it is recommended that this lawsuit be
settled for the sum of $40,000.00;
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 Eutychus Rolle and Gloria Rolle 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, in Circuit Court Case No. 90-17802 CA 17, upon the
execution of a release in a form acceptable to the City Attorney,
releasing the City of Miami from all claims and demands, said
monies therefor hereby allocated from the City of Miami Insurance
and Self -Insurance Trust Fund.
CITY COI°MMSiON
MEETMIG OF
i� A y 9 1991
91- 935
REftA M10% a..,
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of May , 1991.
ATTEST'":
MATTY/ H I RAI
CITY CLERK
BUDGETARY REVIEW:
!) MANOHAR A, DIRECTOR
b DEPARTMENT F BUDGET
ov- "0'
SELF-INSURANCE REVIEW:
SUJAN S. PHABRPk ADMI
SELF-INSU A
INSURANCE UST FUND _
PREP R D AND PROVE BY
0 M. FIRTE
SSISTANT CI C ATTORNEY
APPROVED AS TO FORM AND
CJRRECTfNSN
J RGE L. F RNANDEZ
C TY ATTO EY
LMF/cm/M2124
0
DTI OF wilAr,.11 FLORIDA CA=8
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
J
Jotge-L. ernandez
FROM: City Atto4ney
DATE
SUBJECT
REFERENCES.
ENCLOSURES
March 29, 1991 FILE J-91-305
Resolution Authorizing
Settlement with ROLLE
Circuit Case No. 90-17802 (17)
City Commission Agenda
April 25, 1991
Attached is a proposed Resolution authorizing the Director of
Finance to pay Eutychus Rolle and Gloria Rolle, 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, 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, on
February 15, 1988, the Plaintiff was involved in a vehicular
accident with a Department of Solid Waste truck. Plaintiff
received a 5-8% disability rating of the whole body as a result of
this accident. His medical bills total approximately $9,000.00
and lost wages claimed are $10,000.00.
This claim has been investigated by the Tort Committee (Tort
Committee authorization enclosed), approved by the Risk Management
Division of the Department of Personnel Management, and is hereby
recommended by this office.
JLF/LMF/cm/P118-9
Enc.
CAS- -►
91.-- 335
0 0
GiTY OF VIIArvtl F�ORiDA
INTER -OFFICE MEMORANDUM
TO Tort Committee � DATE
Law Department
SUBJECT
Leon M. Firtel
FROM Assistant City Attorney REFERENCES
ENCLOSURES
March 5, 1991 FILE L-90-85
Eutychus Rolle v. City
Case No. 90-17802 CA 17
Claims No.-017V-88-152
Settlement Authority
Set for Trial: 4/1/91
At approximately 10:00 A.M. on February 15, 1988, the
Plaintiff, EUTYCHUS ROLLE, while driving north on Northwest 13th
Avenue was struck on the passenger side of his vehicle by a City
of Miami Solid Waste pickup truck, driven by a supervisor, who
was in the area to inspect a certain location because of a
complaint. The City truck driver was proceeding west coming out
of an ally -way and he was in the process of making a right turn
into 13th Avenue when the accident occurred.
There were no citations issued at the scene and the City
driver claims to have looked to his left before beginning his
turn into 13th Avenue; however, the City driver did state during
his deposition, that a van was parked facing north on 13th Avenue
and it blocked a portion of his view as he looked before making
the turn onto the main street.
Mr. Rolle, the Plaintiff, claims to have done nothing wrong,
but his car appears to have been slightly over the center line at
the point of impact. Mr. Rolle claims that this occurred after
impact or that it occurred as a result of his effort to avoid the
collision with the oncoming City truck. I believe that he was
speeding to make the light at Northwest 54th Street and,
therefore, he did not observe the City truck coming out of the
alley way as early as he might have had he been travelling within
the speed limit and had the troublesome van not been parked along
the right-of-way. This theory of mine will be very difficult to
prove because of a variety of factors, including the fact that
the police officer who wrote the Accident Report was not very
forthcoming during the course of his deposition. (See next
section for further explanation).
Notwithstanding my belief that the Plaintiff was guiltY of
some comparative negligence,
because of the testimony of
defensive and ambiguous) and
deposition was taken in jail
N
91-- 335
i
Page
2
March 5,
1991
Tort
Committee
Eutychus
Rolle Settlement Memo
Plaintiff, age 60 at the time of the accident, claims to
have re -injured his back. Plaintiff's medical records show that
in 1976, after having been involved in a severe car accident, the
Plaintiff underwent a disc removal (lumbar laminectomy) and as a
result of that accident he received an 8-10% disability of the
whole body at that time. He apparently recovered to a great
extent and has been working as a handyman/carpenter for the last
ten years.
As a result of the subject accident, Plaintiff was
hospitalized at Humana -Biscayne Hospital for a period of six
days. The hospitalization began eight days after the accident
and the admission note states that he was suffering from pain and
numbness, which of course, is attributed to the accident. During
his hospitalization, an MRI was performed which showed a bulging
disc at L4-5 and it also confirmed other non-specific back injury
or problems which are related to the prior surgery and arthritic
conditions due to age. After Plaintiff's release from the
hospital, he was treated with hot packs and other modalities and
his doctor, Dr. Bert Shapiro, awarded him a 5-8% disability of
the body as a whole as a result of the subject accident. He also
claims to be unable to return to work because, of the pain
associated with bending and lifting, which were a part of his
daily work activities.
Plaintiff's medical bills total approximately $9,000 and his
lost wages to date are approximately $10,000 and Plaintiff's
demand is $100,000, although he indicated a willingness to accept
$55,000 before suit was filed. A Risk Management Settlement Memo
was circulated and an offer was extended for $7,000, which was
declined.
—
Plaintiff's most
EVALUATION
specific injury allegedly resulting from
the subject accident,
is the re -injury of his back in the same
general area as had been operated on in 1976. Dr. Lloyd Goldman,
who performed an IME at my request, has awarded Plaintiff a 10%
disability of the back
and agrees that there was some re -injury
to the area, although
he questions the bulging disc as being a
result of the accident.
The case is set for trial before Judge Orr during the two
week period beginning
April 1, 1991, and I anticipate that it
will go at that time.
s
7
J
E
Plaintiff makes a
pleasing appearance and in my opinion, the
jury will like him.
Notwithstanding the minimal amount of
J
91- 335
Page
3
March 5,
1991
Tort
Committee
Eutychus
Rolle Settlement Memo
property damage resulting from this relatively minor accident,
the injuries claimed are significant and in light of the City's
Apparent responsibility for the accident, the medical bills and
lost wages, which can be shown, and my objective evaluation of
the Plaintiff versus the City's witnesses, I am requesting the
sum of $45,000.00 for the purposes of settlement negotiations.
Please indicate your comments and approval/disapproval
below.
C
A. QUINN NES, III
DEPUTY C Y ATTORNEY
ASSISTANT CITY ATTORNEY
CHRISTOPHER F. KURTZ
ASSISTANT CITY ATTORNEY
•• i\Y i� 1\. Yi i is\Yi♦
ISTANT CITY ATTORNEY
ASSISTANT CITY ATTORNEY
PAUL WEBER
RISK MANAGE NT
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91- 335