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Home My WebLink AboutR-91-06740 J-91-788 9/24/91 I -- 1674 RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JOSE R. DOMINGUEZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MODESTA DOMINGUEZ, FOR THE USE AND BENEFIT OF SAID ESTATE AND FOR THE USE AND BENEFIT OF JOSE R. DOMINGUEZ, THE SURVIVING HUSBAND AND BARBARO AND ISABEL DOMINGUEZ, THE SURVIVING MINOR CHILDREN, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $200,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS. WHEREAS, Jose R. Dominguez, as Personal Representative of the Estate of Modesta Dominguez, for the use and benefit of said estate and for the use and benefit of Jose R. Dominguez, the surviving husband and Barbaro and Isabel Dominguez, the surviving minor children, through his attorney, has filed a claim against the City of Miami in the Circuit Court of Dade County, Florida, Case No.: 90-54587 CA 04, arising out of an incident which occurred on November 16, 1989; and WHEREAS, the above claim has been investigated by the Risk Management Division and the City Attorney's Office pursuant to Ordinance No. 8417, which created the City of Miami's Self - Insurance Program, and said Office recommends that this claim be settled for the sum of $200,000; 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 to Jose R. Dominguez, as Personal Representative of the Estate of Modesta Dominguez, for the use and benefit of said estate and for the use and benefit of Jose R. Dominguez, the surviving husband and Barbaro and Isabel Dominguez, the surviving minor children, without the admission of liability, the sum of CITY COMMISSION MEETING OF . SFP 26 1991 "semi" a. $200,000 in full and complete settlement of any and all claims and demands against the City of Miami, upon the exeoution of a release, releasing the City of Miami 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 26th day of ATT T LVW-�� MAT Y HIRAI CITY CLERK SELF -I ST FUND REVIEW: SIIcTAN A�u� �SMINISTRATOR RISK M EME T/OFFICE REVIEW: NA, DIRECTOR PREPA D AND APPROVED BY: CHARLES C. MAYS ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 10 A . QII J I ACTING CI ATTORNEY M2496/CCM/bjr OW-M XAVIER L . SVAREZ , 1991. Qem 9i-- 674 I 1 15 : `34 L-A W DE_PT CITY OF MIAMI, FLOA)DA INTER -OFFICE MEMORANDUM Honorable Mayor and Members T'' of the City Commission ��'(,%9h 900161 A. Quinn ea 222 Aoting C Attorney P . 02 September 16.1990 �« L-91-124 DATE Resolution Authorizing Settle- SUSJECT rent with Jove R. Dominguez. eto., et &I. Cirouit Case No.90-84987 CA 04 REFEA[NCES ENCLOSURES (a) Attaohed is a resolution authorizing the Direotor of Finanoe to pay to Jose R. Dominguez, as Personal Representative of the Estate of Modesta Dominguez, for the use and benefit of said estate and for the use and benefit of Jose R. Dominguez, the surviving husband and Barbaro and Isabel Dominguez. the Surviving minor ohildrea, without admission of liability, the sum of $200►000 in full and oom fete settlement of any and all o1aims and demands against the City of Miami. upon the execution of a Release. releasing the City from any and all olaims and demands.. Jose R. Dominguez, as Personal Representative of the Estate of Modesta Dominguez, for the use and benefit of said estate end for the use and benefit of Jose R. Dominguez, they surviving husband and Barbaro and Isabel Dominguez, the surviving minor ohildren. through his attorney, filed a Lawsuit for damages against the City of Miami in the Cirouit Court of Dade County, as a result of a high speed ohase that 000urred on November 16. 1080. vhioh oulmiaated in the death of Modesta Dominguez. This olaim has been investigated by the Torts Division of the City Attorney'& Oftioe pursuant to Ordinanoo No. 8417 whiob oreated the City of Miami's Self -Insurance Program, and as Bet forth in the attaohed memorandum, this Offioe reoommends that the olaim b9 settled for the rum of $200,000. P1766/Aqq/0CM/bjr 11 SEP-,1„%.= 1 WED 1 Y5 C -54 LAW DEPT CITY OF MIAMI, FLORIOA INTER -OFFICE MEMORANDUM P . 0 3 Mombers of the Torts Committee DATE 8epember 10, 1991 FILE IG eiose Domingueze et al. V. COX SUBJECT . Case �iQ.: >ao-81t87 CA 04 0141m j1o.: 018/PT-90-009 Charles C. Mays D/T: November 16, 1980 1 gONA Assistant City Attorney REFERENCES L/I : Northwest 22nd Court/ 28th Street CNCLMUM FAC3'1'8 on November 16, 1689, at approximately 8:00 p.m. a city poltoe offioer observed a 1988 Chevy Nova, oontaining three men prooeeding in the Allapattah area. The officer ran a oomputer ohsok on the automobile tag and learned that the oar hod been stolen three days prior. The officer attempted to atop the automobile $nd a high speed ohase ensued. The fleeing driver, Freddie Smith, age 20, committed several traffic violations which endangered both vehicular and pedestrian traffio, tnolvding running through red lights and stop signs. The chase ended when Smith Collided with an automobile that was prooeeding west on 38th Street at the interseotion of Northwest 33rd Avenue, The seoond vehicle was 000upied by Juan Abdemur, the driver, Jose Dominguez, the front pasoenger. and hie wife, Hodesta Dominguez, the rear passenger. Mr. Dominguez' head oradhed into the windshield and caused him to lose 0onsoiousA688 . Mrs. Dominguez was thrown from the vehicle and sustained numerous internal injuries. The three of them were transported to Jaokson Memorial hospital. Mrs. Dominguez died later that evening as a result of her injuries. She is survived by her husband and two girls. Barbara age 8, and Isabel age 7. As for Mr. Dominguez, the medical reoorde show that he sustained multiple head injuries. including intaraoranal hemorrhage for which be underwent surgery; pulmoanar collapse; fraotured aoasol bones; and soalp laoerations to the left temple and left 000ipital. area. A few days after he reggained oonsolousness he was informed of his wife's death. Ile oheoked out of the hospital on November 21, 1989, against-Zedical aGdvioo. Although he is now oriented as to time, person and pl.aoe, he suffers from an 000aetonal memordeficit, persistent headaohes and intermittent blurred and doub?o vision. He hag not been able to work einoe the aooident and now supports his two children on t294,00 per month from Aid to Family with Dependent Children and h S E P— 1 9— 9 1 W E D 1 SMML L A W D E`a P 7 P g q • Torte Committee Members September 17. 1991 Page -$- i270.00 er month in food stamps. His 72 year old mother, who lives wi h him, assists him in oaring for the children. The principal claim against the city is for the wrongful death of Mrs. Dominguez which seeks damages on behalf of her estate and her three survivors, consisting of Mr. Dominguez and the two minor children. The claim is founded on a negligence theory contending that the police officer should have terminated the chase so as not to endanger the public. UAder the oiroumstanoes of this case, I agree with that theory because under the applicable decisional law, the City was a concurrent oauee of the accident. Simply stated, a high speed chase in a residential area was not worth the apprebetasion; serious injuries and/or death was a reasonably foreseeable outcome of such a pursuit. There is no legal basis to attribute any comparative fault to Hr. N Mrs. Dominguez. A jury verdict on a wrongful death olaim with two minor children and a father who can no lonser work can easily exceed $1,000,000. Plaintiff has agreed to settle for $200,000. Based upon the probability that liability will be determined adverse to the city and the amount of liability exposure, I urge the city to settle for $200.000. payable to the Estate of Modest& Dominguez. APPROVED/DISAPPROVED A. quinn Jones III Aoting City Attorney Christopher F. Rurtz Assistant City Attorney Leon M. Firtel Assistant City Attorney itarren R. aittaeF Assistant City Attorney 91 674 A a S E P- 1 8 -'3 1 W E D In : Z S L A W D E P T P. on Torts CommLttee Members 1991 Page -3- Humberto Hernandez Assistant City Attorney P1082/CCM/b jr Paul Weber, Supervisor Claims Division i