HomeMy WebLinkAboutM-91-0647_ _____ _ _
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bArs : September 4i 1~g1 ~'il~ :~,.~~.~~~+~
_; to : Honr~~able ;Mayor ana Members v y ~° ~ I
~~ th~~•~.~.ty ~~mtnis>~ibn su~i~cr : R~s~~.ution ~,uth~ti~ing
Settlement with $a~emr~re -
• >`l.~y G'~~~'' ~ ~~ / in Lieu cif Ap~~al
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~ ~ ~ ~ REFi=RENCEB : -
• ara~i~+: A~ Quinn one - ~ _ City Co~ntnis`~ioi~ Agenda
PiOtirig ~ ty Attorney sNC~osuRES : geptember 11, 1991
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Attached is a proposed :Resolution authorizing the .Director of
Linn Bazemore, Individually, and as Persoinal
Finance to pay
.Representative of the Estate of Sylvia Bazemore, without
admission of liability the sum of $100 000.00, in full and
complete settlement of any and all claims and. errands against the
City of Miami, upon: the execution of a Release of All Claims,
releasing the City of Miami from any and all blaims and demands.
_ The complete evaluation of this claim is contained in the
attached- Tort Committee,-settlement memorandum. In brief, the
claimant is the -surviving spouse ~of a patient been mist' intubated
Fire Rescue team who is alleged to have
resulting in the patient's untimely death. Thee-Rescue Unit `is
' also alleged -to have delayed in its :response' to' the Bazemore:
~ residence, in entering the home., and in transporting the patient
to the; hospital. The case was taken-to trial' at your instruction
and a ;verdict; :.rendered.- against he City °f ha~ offerede to~settle
,approximately $159,000.00. The plaintif
for $130.OAO.OO in lieu of the City prosecuting an`appeal.`
°This.;claim: has been investigated by- the Tort Committee (Tort
' Committee authorization attached), approved - by the' Risk
Management 'Division: of; the Department of Personnel Management.
The :;Department of Fire,Rescue. and InspectionServices-has
revewedthe':claim and doe_ot concur with our ~recommendation'to _
ettle,this::claim. ,~
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` AQ,7/!WB/sls/P1O95
• • attachments . ,
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CItY CSC MIAMI, ~Li?J~I~A ~ '
w iNT~~~C~F~I~~ MEMt~RANl~UIVI
r° J+~~g~ L. ~"+~t'n8tlt~a~ ~hc~ catE Ru~us~t 2~, i5~1 `~`` ~~~O~=Z~~
Meinb~r>~ ~>~ the ~'o~t ~btnmittee
. sc,arE~+ Linn 8~z+~more vs~. Gity~
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b/I's pebruar~ 2~~ ig90
L/t : 1859 5.~. 27th ~,~~.
Mimi, ~'1o~i+~~
=aoM
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Wa>~ren Mitti~sr ~ ~ Claim ~~11/G~w9b~~59
Asr~istaht Cit ttorney ENCL05UgE5
REQt~S$T FOft SSTTLEi~NT ,:
`' AUTMbRITY IN LIFO bF APPEAL ,
STATOS: -
As you recall, this case involves a City. of Miami Fire Rescue
response and subsequent treatment of a patient who suffered a
cardiac arrest secondary to a severe asthma attack and overdose of
theophyline The Tort Committee authorized a settlement of not
more thane $135000c00 on May 31, 199.1,. and.-the City Commission
rejected a negotiated $130,000.00 settlement. on June 20, 1991.
At the instruction of the City Commission, the case was tried
before- a jury on June 27, 28 and July 1, 2, 3 and 5, 1991. The
jury returned a special verdict (attached) against the._City for
$159',575.50, and costs are now being sought in the .amount of
$17,586,35, for a total of .$177,161.85.
The special verdict eliminated the significant issue of negligent
care and, ..treatment by the, paramedics. once they. reached- the''
patient's-side, a`Trianon Level IV activity for which `there is no
sovereign,ammunity. However, the City was found negligent in `its
response to the patient in the face of the trial judge's refusal
to instruct the jury -that the City could not be held liable for
:either: (1) haying; 'a policy: directing its paramedics not.. to
'` render" care or treatment under-circumstances where their health or'
safety° may be jeopardized; or (2) 'the decision of the :Rescue-7
paramedics not to: enter the_Bazemore residence upon::dscovery of a
Doberman pinscher~.inside:. ('see Requested Instruction attached.);
both arguably Trianon",Level II decisions protected by sovereign
immunity.- Thus, the ury may. have improper_y considered the delay,
attributable to' the dog:. and the existence of the "dangerous
situation." policy as evidence of 'the City's negligence. This will..' `
be the main issue. on ::appeal should one be pursued.
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Au~~st ~~r 191 '.
~~~~~ ~,~ ~~r~~nd~~ ~~~
page two
~laimbers ~~ the 'fort ~ot~~ittee
.. d these issues in our poatrtrial moat ain ~offe~ed
Since we raise erf~n~torily denied, plaintiff has ~
war@, of cOtlrs~,
- 'settle this matter. for the $130,000100 figure previously
to
n~ 8tiabea and thereafter re3ected by the City Commission.
~V`Atii1A~'ICIt~
he chances of success on the merits of the appeal
In my opinion t revails on appeal,
are approximately. 50$1 However, if the City p
l.face a new trial, albeit one where culd3be now
the City will stil
properly instructed. Although the. issue of Inmaddition, although _
fixed,. that is not absolutand treatment should also be final~rl
the issue of medical care
the issues are determined to b 1 ibeeretried, that particu a y
difficult issue might also possib y
of the outcome of an
Consequently, because of the uncertainty lose, even if a new
appeal and the possibility that the City may to
ial is obtained, I believe that a de this matt rer Note that
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$100,000.00 should be extended to cone u
'' there is an open and litigatable qua in to d e of h $200 000.00 tas
statutory cap, i. e., $100,000.00
pl.a-int~f~f asserts.
~ in the amount of $100,000.00.
APPROVED/DISAPPROVED - Authority
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4 JORGE L. FERNANDEZ-~ ,
City Attorney _ ~~.~,
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~ A, QUINN JONE ,' III-
Depu ty,•Attorney ~~ , -
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~~: O M, ` FIRTE n
~'- is City Attorney pl /
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C RLES C . MAYS ,_
Assistant City Attorney
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::;: 5~ if ybu ~ir-~ ~t~r t~e~~nc~ant.~#~t~ ~~ ~iat~~,
~~u Ft~ec1 nat proceed ~urth~r except to sige and ret~,~
your verdict ~ by ans'werirtg the ~oll.o~aiitq questions
you mill determine the damages, if an~-, that Linn
ga~emo~re sustained as ~ result of the ir-cident i~ ._ :
question.- '
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[In determining the amount of damages da cot
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make any reduction because of the negligence, ,if any,
of Sylvia Bazemore or Linn Bazemore... If you find that
Sylvia Bazemore or Linn Bazemore wes to any extent
negligent, the Court in entering judgment will'`make an
appropriate .reduction in the damages awarded].
..
A. What is"the amount of th
e
related medical
or
r
e
funeral expenses? $ S / 5. 5
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B. What is the amount of any 1`oss by ;Linn
• Bazemore of Sylvia Bazemore's support and
services: -
1. From the'date.of de th to
,y
present? $ ~ '
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t5~F~NC~A~iT' ~ ~E(~t~~SfiEi~ ~~1S~~tt1C~'~~M Nth. ,,
P~tE~~MP'~~ii~ Cf#A~tGES r -
IS~~E~ ~~t1~YNC~ t~N C~1M
The ~~urt ~~$ dmt~rmiried attd ~o~ instru~t~ you, as a mattes -
of ~a~t, t~-e~t the ~i'~Y d~' MY~I~ may not be held liarile for either: c
(1) having a policy directing its parame~ica:not to render care
or treatment. under circu~nstan~es where their health or safety mey
be jeopardized; or (~) the decision of the R~sru~~-'f paramedios
note 'to enter the 9AZEMORE residence upon diecovesy of a doberman
pinscher inside.
Given