HomeMy WebLinkAboutR-90-0980J-90-1041
12/3/90
RESOLUTION NO. 9. 0 _ 980
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ROSLAND RUSSELL COLLIER,
WITHOUT THE ADMISSION OF LIABILITY, THE SUM
OF $63,000.00 IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 90-
16085 CA 13, UPON THE EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS.
WHEREAS, Rosland Russell Collier, through her attorney,
filed a claim and lawsuit against the City of Miami, in the
Circuit Court of Dade County, Florida, Case No. 90-16085 CA 13,
for alleged negligence arising out of an automobile accident
involving a City of Miami police car on September 16, 1989 at or
near Southwest Oak Avenue and Plaza Street, Miami, Dade County,
Florida, and
WHEREAS, the above claim and lawsuit has been investigated
by the Torts Division of the City Attorney's Office pursuant to
Ordinance No. 8417, which creates the City of Miami's Self -
Insurance Program and said office recommends that this claim and
lawsuit be settled for the sum of $63,000.00;
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 Rosland Russell Collier, forthwith, without the admission of
liability, the sum of $63,000.00 in full and complete settlement
of any and all claims and demands against the City of Miami, in
Circuit Court Case No. 90-16085 CA 13, upon the execution 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.
CITY COMMISSION
MEETING OF
DEC 6 1990
0
PASSED AND ADOPTED this 6th
CITY CLERK
PREPARED AND ABP-ROVED BY:
J
KbN blTTNZK
ISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:_
WRB/sls/M1920
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
DATE : December 6, 1990 FILE : L-90-068
SUBJECT : Resolution Authorizing
Settlement with Collier
Case No. 90-16085 CA (13)
FROM : J rge L. ernandez REFERENCES:
C ty Atto ney City Commission Agenda
ENCLOSURES: December 6, 1990
(2)
Attached is a proposed Resolution authorizing the Director of
Finance to pay Rosland Russell Collier, without admission of
liability, the sum of $63,000.00, 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, the claimant
sustained severe scaring of her face and other orthopedic injuries
in an automobile accident with a City of Miami police vehicle, in
which the officer is alleged to have run a stop sign at an
intersection.
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/WB/sls/P651
attachments
90- 980
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Jorge L. Fernandez and
Members of the Tort Committee
FROM :
Warren Bittner
Assistant City`�tj;;_ey
DATE : November 29, 1990 FILE
SUBJECT: Rosland Collier vs. City
D/A: September 16, 1989
L/A: Intersection of Oak
Ave. and Plaza St.,
Coconut Grove, FL
ENCLOSURES: Claim No. 017/V-89-315
REQUEST FOR SETTLEMENT AUTHORITY
STATUS:
This case is set for trial beginning the two -week period
commencing December 3, 1990, and all essential discovery has been
completed.
FACTS:
This is a personal injury claim arising out of an automobile
accident occurring on September 16, 1989 between the claimant and
a CITY OF MIAMI patrol car driven by police officer HELIO FONTE.
The accident occurred at the above -referenced intersection located
in a residential section of Coconut Grove and was witnessed by two
bystanders who provided statements to the police. The police
officer was heading north on Plaza Street, was distracted by two
(2) agitated and disruptive prisoners in the back seat, while also
attempting to use his hand-held communications device, when he
entered into a controlled intersection and collided into the
passenger side of claimant's vehicle. The police officer had a
stop sign. The claimant, heading east, did not and had the right
of way. The claimant was not wearing her seat belt and hit her
head on the windshield. In addition, the passenger side door
window was shattered, causing fragments of flying glass to
severely lacerate the right side of plaintiff's face.
Both the claimant's and the City's vehicles were severely damaged
{see photos attached), the claimant's in the amount of $3,210.57,
which made the vehicle a total loss considering its age. The
claimant's property damage claim was settled.
L-90-068
90-- 980
c c�
Jorge L. Fernandez and
Members of the Tort Committee
MEDICAL:
1. Orthopedic
November 29, 1990
Page Two
Claimant was immediately transported to Jackson Memorial
Hospital (JMH) by Randall Eastern. She complained to the
paramedics of facial lacerations, slight neck pain, and pain in
the head region. She advised them at that time that she was three
(3) months pregnant, although there was no apparent abdominal
involvement.
At JMH x-rays were taken of her cervical spine (which was
negative for fracture), most of the glass fragments were removed
from her face, and her facial wounds were closed with nylon
stitches. At that time, she continued to complain of neck pain
and localized headache where she had struck her head on the
windshield. She also noticed restricted movement due to pain on
the right side.
Two days later, at the suggestion of her attorney, Mark
Tucker, claimant was seen by Dr. David G. Lehrman, on Miami Beach.
Dr. Lehrman diagnosed the patient with cervical sprain and
lumbosacral sprain and treated her with physical therapy, but no
medications (due to her pregnancy) until mid -December, 1989, at a
cost of $1,757.95. Dr. Lehrman saw the claimant for the last time
on June 1, 1990; seven (7) weeks after her delivery, and assessed
a 3 to 4% permanent impairment of the body as a whole. At that
time, she had reached maximum medical improvement (see Dr.
Lehrman's report attached).
2. Plastic and Reconstructive
Up until now, claimant had never consulted a plastic or
reconstructive surgeon to evaluate her condition. She was sent by
the City to Edward S. Truppman, M.D., on November 9, 1990. His
report is also attached. He reported well healed, mature scars of
the right face. Dr. Truppman noted 6 scars in total: one 3.5 cm
long; two 1 cm long; one 6 mm long; and one hockey stick shaped
1.8 cm long. He also noted a subcutaneous module, which may be a
remaining piece of glass, which he opined necessitated further
surgery to remove at a cost of approximately $550.00 on an out-
patient basis.
Dr. Truppman concluded that the scars are permanent and are
just visible from conversational distances. He did not recommend
any further surgeries, other than as noted above, which could
possibly improve the residual scaring.
9Q-- 980
Jorge L. Fernandez and November 29, 1990
Members of the Tort Committee Page Three
OTHER SPECIALS:
Claimant alleges lost wages from September 16, 1989 through
December 1989, when she was required to terminate her treatment
with Dr. Lehrman because of her pregnancy. Prior to the accident
she was a cashier at Zayres earning $4.50 per hour. Her lost wage
claim is therefore approximately $2,160.00 before taxes.
EVALUATION:
Claimant, now 32 years old, does make a reasonably good
appearance. Her residual scars are very noticeable. The foreign
body remaining in her face can be felt through the skin of her
face. While the orthopedic aspect of this case is not terribly
severe, her scaring injuries make this a very serious claim. Jury
Trials and Tribulations reports verdicts ranging up to $550,000.00
for similar injuries (see excerpts attached).
Claimant's attorney is presently demanding $90,000.00 to settle
the claim. Upon the recommendation and approval of a majority of
the tort committee, I offered $40,000.00, which has been rejected.
Claimant has indicated a willingness to go below $80,000.00 if the
City shows upward movement. I am requesting authority up to
$70,000.00 to settle this claim. I would like to offer $50,000.00
at the calendar call; $60,000.00, if necessary, the day before
trial; and $70,000.00 on the courthouse steps.
APPROVED/DISAPPROVED - Authority in the amount of $70,000.00.
J RGE L. F RNANDEZ
C ty Atto ney
". L7 L! V , J.1 .i
Deputy`C y Attorney
LEC(N M. FIRTEL
Assistant City Attorney
- Z,
90- 980
4)
Jorge L. Fernandez and
Members of the Tort Committee
Assistant City Attorney
November 29, 1990
Page Four
C RH ISTOPHER F. KURTZ
Assistant City Attorney
JULIE 0. BRU
Ass' tant City Attorney
i
PAUL WE ER
Claims Supervisor
WB/sls/P638
attachments: (1) Photographs
(2) Dr. David Lehrman's Report
(3) Dr. Edward S. Truppman's Report
(4) Excerpts of Jury Trials and Tribulations
90-- 980
.. ����I�� � 111���,,,...���"""''' • *fir
WO-
t y �
01
s� -V fi a t
�, : •ram _ was - Ni'.
cl.
1 \
wj
t'
DAVID G. LEHRMAN. M. D.. P. A.
OIITHOPAEUIC SURGERY
UIPLOMAIY., AMrnICAN BOAnD OF OnTHOPABDIC SUnGCRY
FELLOW, AMkptCAN COLLEGE OF SUnOEONS
FELLOW. AMC,IICAN ACADEMY Op OnT110PACOIC SunGCOND
June 8, 1990
Richard Tucker, Esq.
501 N.E. 1st Street
Mianli, Florida 33132
Re: Medit: al. [report:
Patient: Roslind Collier
Dear Mr. Tucker:
1600 MICHIGAN AVENUE. SUITE 1104
MIAMI BEACH, FLORIDA 33139
TEI-EPHONE (305) 630-1119
Roslind returns to my office on 6/1/90 with a history of being 7
w(--eks post partun). The pati.erit- still has complaints of head-
wic_hes, fr(-(Iuent low luck discomfort, intensified with bending and
lifting and prolonged sit-til1q. She describes aching in the low
hack ,and occasional. rr.amping or aching in the neck region. The
patient has had x-rays in the neck and the low back at Jackson
and they were apparently negative.
i XaIt,i.natiata on the last visit shower] cervical movement to be
piiinful through the extremes of rotation and extension. There is
some tenderness posteriorly. No spasin is evident. Neurological
examination and Adson are negative.
1,umbos.,acral examinat- ion shows flexion uncomfortable at the
extremes, also extension is painful with a loss of about 15
tlegr.ees . Mid lumbar tenderness is evident. No spasm is noted.
Straight leg raising and neurological examination are negative.
P inal. di�icjnosi.s: Cervical sprain, lumbosacral sprain.
1 feel that the patient at. the present time has residuals of
cor.vical and lumbar -sprain and has a permanent impairment of
% l)proximately 3 to 4 percent of the body as a whole.
I also feel the patient should have plastic surgical consultation
be-c;au nc__ of the healed facial laceration scars.
Y0urs�tt;uly;`
David ��:Lr-hrinan, M.D.
Oc;h 13 y ��.
90-- 980
DAVID G. LEHRMAN, M. D., P. A.
OIITHOPAEUIC SURGERY ,
DIPLOMAir. AMCnICAN BOAnO OF ORTHOPAEOIC SUna CnY
FELLO\Y, AMEAICAN COLLEGE OF SURGEONS
FCLLow, AMERICAN ACADEMY OP OnTHOPAEGIC SunarONa
June a, 1990
Richard Tucker, Esq.
501 N.E. 1st- Street
Miami, Florida 33132
Re: Medic Al IteporL•
Patient: Roslind Collier
Dear Mr. Tucker:
1660 MICHIGAN AVENUE, SUITE 1 104
MIAMI BEACH, FLORIDA 33130
TELEPHONE (306) $30-1110
Roslind returns to my office on 6/l/90 with a history of being 7
weeks host partum. The patlerit still has complaints of head-
aches, frequent low luck discomfort, intensified with bending and
lifting and prolonged sitting. She describes aching in the low
back .and orr asi onal. cramping or aching in the neck region. The
patient has hAd x-rays in the neck and the low back at Jackson
and they were apparently negative.
Kxaminat:ion on the last visit- showed cervical movement to be
painful through the extremes of rotation and extension. There is
:fume tenderness posteriorly. No spasm is evident. Neurological
examination and Adson are negative.
f.umbos::acral examination shows flexion uncomfortable at the
extremes, also extension is painful with a loss of about 15
clegr.ees. Mid lumbar tsnder.ness is evident. No spasm is noted.
Straight leg raising and neurological examination are negative.
(Final. dirarinosis: Cervical sprain, lumbosacral sprain.
1 feel that the patient at. the iasesent time has residuals of
cor.vical and lumbar sprain and has a permanent impairment of I'
approximately 3 to 4 percent of the body as a whole.
T also feel the patient should have plastic surgical consultation
becauoe of the healed facial laceration scars.
Yours
,tr.uly;
tir 1
IA
nav143 d'-Lehrman, M.D.
90-- 980
)WARD S. TRUPPMAN, M.D., RAC3.
4)
kTINED ' AMERICAN DOARD OF PLASTIC SURGERY
November 9, 1990
warron Bittner
Assi<atant City Attorney
City of Miami
Amer:ifirst Building
1 S . )3. 3rd Avenue
Elevonth Floor
Miami, FL 33131
Re: Rosalyn Russell Collier
Dear Mr. Bittners
EDWARD S. TRUPPMAN, M.D., P.A.
I first saw Rosalyn Russell Collier on November 9, 1990. This
thirty -two -year -old black female was the driver of an automobile
involved in an accident on September 16, 1989. She suffered
multiple lacerations involving the right face, and was taken
to the emergency room at Jackson Memorial Hospital. The emergency
room record reflects that they sutured lacerations of 1.5 cm
and .1.0 cm with interrupted 5-0 nylon sutures. Prior to this
they reported removal of glass fragments from the wounds.
Physical examination reveals well healed, mature scars involving
the right face. There -is a vertical scar just anterior to the
superior portion of the right ear that measures 3.5 cm in length;
two horizontal scars just inferior to this, each measuring 1 cm
in ltangth; just inferior to this is a 6 imn horizontal scar and
just inferior to this scar is a subcutaneous nodule which may
or may not represent u foreign body. "Below this is a slightly
hock(:y stick shapod ucnr, measuring 1.8 cm in overall length.
The :scars have healed in an acceptable manner and I do not feel
suff:'Lcient improvement could be offered to warrant any further
surg.Lcal procedure. I would, however, recommend that the sub-
cutaneous nodule or foreign body be removed surgically. The
fee for this procedure would be $250.00 and the operating room
cost for An outpatient surgicenter would be approximately
$250.00 to $300.00.
The ccarsehe presently has will be permanent sequelae of her
injuries and are just visible from conversational distances.
PLASTIC G RECON5TRUCTIVE SURGERY • AESTHETIC SURGERY • SURGERY OF THE HAND
1100 1,,,E. 163td STREET • SUITE 403 • NORTH MIAMI BEACH, FLORIDA 33162.4582 • (305) 949.4345
Page 2
Re: Rosalyn Russell Collier
Photo•3raphs of her present appearance were obtained for our records.
if I ,.-an be of any further assistance to you in this matterr
pleasi feel free to contact me.
Sincerely,
Edward S. Truppmanr M.D.
EST:APT-6
a'I � / (I t)
Plaintiff's Attorney: HARRY X. ROSEN
Defendant's Attorney: STEVEN EDELSTEIN for Riteway Leasing,
Inc., Le Mandarin oriental, Inc., Buffet,
Inc., and Man Wai Yee).
LUIS ORDONRZ for Octave Absolu
AUTOMOBILE ACCIDENT; Head-on collision. Defendant's vehicle
crossed two lanes of traffic, and a grass median, and collided
head-on with plaintiff's vehicle. Plaintiff husband, 70,
suffered a dislocated fracture of his left hip and facial
injuries. DR. MARK HAMMERMAN, felt plaintiff had a 25%
disability *and if his condition worsened, that he would require
total hip replacement. Plaintiff wife, 69, suffered a fracture
of her left wrist, dislocation of her left thumb, injuries to her
ribs, neck, back, and deep lacerations of her mouth and lower
lip. DR. NEIL BEINHAKER, felt plaintiff had a 25% disability of
the left upper extremity. DR. KURT FRIEDMAN, oral surgeon,
performed TMJ surgery and assigned a 20% loss of function to
plaintiff's mouth, chin, and lips. DR. FRED BLUMENTHAL, dentist,
installed a bridge and performed TMJ therapy. The case was
settled for policy limits.
Settled before trial: $500,000.00.
Plaintiff's Attorney: E. HUGH CHAPPEL, JR., and RICHARD
BEAUCHAMP
a� ..=� Defendant's�Attorney: - ANDREW H. BATE and JOHN W. WYLIE
PRODUCTS LIABILITY; Chipper machine. Plaintiff claimed that a
chipper -machine was defective in that it contained an inadequate
infeed chute and improper warnings. Plaintiff, 36, male,
carpenter,• suffered a fractured lunate with multiple puncture
wounds to his forearm. DR. GARY KUZMA, (Asheville, North
Carolina), testified plaintiff has a 5% disability. Engineer,
JEROME CATE, University of Miami, testified for the plaintiff
that the chipper was defective.
Verdict for Defendants:
90 4 z7 C7 rtl
-- • '''ffT���b� • r--t'te'y#?(ryFv; ►+''. t :.CAS', . �y' � e '
I V Q
, �/Zf ov7
3ttry t l �C xtbtltl Inc.
'N dL One Datran Center, Suite #400, 9100 South Dadeland Blvd., Miami, Florida 33158
305191ft"144
I Useby. Mitchell Llpcon Edited by: Barbara Llpl:on
t;y �°�+t two
W Charles Llpcon Editorial Asst.: Teresa Mlret
IM part of Ihte 11catlon may be reproduced In any form
Q laoever without prior permleelon of the copyright holder.
a
SEPTEMBER 15, 1990
DR019" Comm
ADAM LANGLEY Vs. CHARLES COOKSON, IAN R. DORIOT and HARTFORI
INSURANCE COMPANY. (Broward county •Case No.: 89-15197, Judg
Thomas Spencer)
Plaintiff's Attorney: ROBERT ALAN ROSENBLATT
Defendant's Attorney: L. RENNETH BARNETT for Cookson and Doriot
and ALAN LANDSBERG for Hartford
AUTOMOBILE ACCIDENT; Uninsured motorist. Plaintiff, 18 year old
male, had been dr nking in a bar in Fort Lauderdale. On his way
home, he negligently changed lanes coming in contact with
plaintiff's vehicle. This caused plaintiff's vehicle to roll
over. Plaintiff had a breath alcohol reading of .15 and was
charged,.;: with DUI. Plaintiff sustained facial scarring. DR.
ANTHONYrWOLF:.did..all of the reconstructive surgeries. Plaintiff
sued the.,Yartford".Insurance Company as a resident in his father's
ouse:-Plaintitf.:�was,. note, included on the lather.'; insurance
po c -Ti '`Ha' t ord: Mowaver �he "claimed that would be
covered under the underinsured and uninsured motorist �_-verage.
Defendant Cookson had $10o,o0o.00 policy with State Farm. The
trial judge granted Hartford's Motion for Summary Judgment on the
issue. The Fourth District Court of Appeal entered a Mediation
Order. At the Mediation Hearing, presided over by retired Judge
Otis Farington, Cookson tendered the $80,000.00 with a provisions
that should the plaintiff go to trial and prevail against
Hartford,. then State Farm would throw-in their additional
$208000.00. Shortly after Mediation, the defendant, "The
Hartford", settled with the plaintiff for an additional
$195,000.00.* Total settlement, $275,000.00.
Settled -afore trial: $275,000.00.
980
90
v t .
, am
Ju V�'I�tl tt t t , i ul�i#t it , inc.
One Datran Center, Suite #400, 9100 South lDa0eland Blvd., Miami, Florida 33156
305/"1" r , i
Published by: Mitchell Upcon Edited by: Barbara Lipcon
e 11990 Charles Upcon Editorial Asst.: Teresa Mire(
No part of this publication may be reproduced in any form
whatsoever without prior permission of the copyright holder.
Plaintiffs Attorney:
STEKART GRE MERG and
DBMS MMTON
Defendant,Fs Attorney:
GORDON EVANS
jjUTTUI�IOBILB ACCIDENT: Le f t
turn. Plaintiff claimed that
the defendant, coming from the
opposite direction, made a
left turn. in front of her.
Plaintiff, 21, female,
.,- unemployed,- suffered facial
ulaceratioii i:w.,,' :zShe•. had a one
and one-half inch scar to her
chin, numbness to one half of
her lower. lip, a fractured
nose which needed
reconstructive surgery, and an
exploratory laporatomy for
laceration to the small
intestine. Plaintiff was
treated', by DRS. ALAN
RAPPEPORT'- JAMES STEWART, and
MOSES JAC4 The doctors felt
the plaintiff had a 10-15%
disability`.
Verdict for
Plaintiff::- $552, 663.87 .
Plaintiff's Attorney:
DAVID KLSINBZRG
Defendant's Attorney:
PAUL H. HUMBERT
Struck by mirror. Plaintiff,
Guss, 17, year old student was
a passenger on the handlebars
of a bicycle operated by the
plaintiff Munoz. Plaintiffs
claimed that the passenger
mirror of the defendant's 3/4
ton pick-up truck struck the
back of plaintiff's Munoz's
head causing the plaintiffs to
be thrown to the ground.
Plaintiff claimed that the
defendant had been drinking
beer at a nearby bar prior to
the accident. Defendant
testified that he did not see
the bicyclists, prior to the
accident, and had no knowledge
of any accident involving the
plaintiff's. Plaintiff, Guss
had a navicular fracture and
injury to his low back.
Plaintiff, Munoz had a
90 - 980
6
144 , .(CL3C1Lr10_.__
JOHN W. THOMAS and SHERRI THOMAS,_ his__ wife, v. LEASE PLAN
U. S.A. , INC. , EQUITABLE REAL ESTATE INVEST'NE i'I' MANAGEMENT, INC. ,
and CHARLES FINAZZO. (Monroe _County Case No.: 89-1174, Judge
Richard Fowler).
Plaintiff's Attorney: ROGER BLACKBURN
Defendant's Attorney: DONALD HARDEMAN, JR.
AUTOMOBILE ACCIDENT; Head-on collision. Plaintiff, Sherri
Thomas, was a passenger in a vehicle driven by her husband when
it was hit head-on. The driver of the Defendant vehicle had a
blood alcohol reading of .12. Plaintiff, 40, suffered laceration
of her lip and eyebrow area. She also had a torn ulnar
collateral ligament of her left thumb area which required
surgical repair. Plaintiff husband, 39, suffered a broken jaw,
fracture of his right tibia, lacerations to his face and
extremities, and had to have a bone chip removed from his knee.
He was hospitalized for eight days. Medical expenses for
plaintiff wife, was approximately $7,000.00; medical expenses for
plaintiff husband, exceeded $24,000.00. The case was settled at
mediation.
Settled before trial; $390,000.00.
FEDERAL COURT
RICK ELLIS vs. ADMIRAL FLEETS, INC., (Federal Court Case No.:
88-10070, Judge Lawrence King).
Plaintiff's Attorney: MARIA L. RUBIO and IRA H. LEESFIELD
Defendant's Attorney: MICHAEL KARCHER
JONES ACT; Slip and fall. Plaintiff, a crew member of the
Admiral I, slipped and fell as he was boarding the vessel. He
slipped on a handrail. Plaintiff claimed that the vessel was
unseaworthy in that the owners failed to provide safe ingress by
not having accessible gangway and non-skid tapes on the
handrails. Defendant claimed that the plaintiff was contributory
negligent by attempting to board the vessel while carrying three
cans of paint. Plaintiff, 36, male, .suffered multiple fractures
of his hip. DR. ROBERT CASOLA operated and inserted a plate and
screw. The screw and plate were removed approximately one year
later. DR. CASOLA felt that the plaintiff had an 8-15%
disability. Plaintiff received maintenance and cure benefits in
the amount of $30,000.00.
Settled before trial: $140,000.00 (exclusive of the maintenance
and cure) .
90--- 980
.I:SL, I IC-tr-)
Plaintiffs' Attorneys: GABRIEL BACH and MICHAEL GENDEN
Defendant's Attorney : RICHARD M. NELSON
AUTOMOBILEMOTORCYCLE ACCIDMMi Uninsured motorist claim.
Pfarn- fffCity of Miami Police Officer, claimed that a phantom
vehicle cut him off. Plaintiff claimed that he rear -ended the
phantom vehicle and was ejected from the cycle. Plaintiff, 28,
police officer, suffered injuries to his head, neck and back. He
required 7 stitches to his scrotum. DR. KENNETH FISCHER, $360.00
testified plaintiff has a 5% disability. DR. MICHAEL NEWMAN,
$2,500.00, also testified plaintiff has a 5% disability. Defense
doctors, DR. ELLIOTT LANG and DR. MICHAEL APTMAN, each testified
plaintiff has no disability. An offer of judgment was filed in
the amount of $5,000.00. The jury found the plaintiff 90%
negligent and the phantom vehicle 10t negligent.
Verdict for plaintiff: $5,000.00 (unreduced)
BRONARD COUNTY
Plaintiff's Attorneys: GLORIA LaBATE and ED MIDDLEBROOKS
Defendant's Attorney : DIETER GUNTHER
AUTOMOBILE ACCIDENT; Uninsured motorist claim. Plaintiff was a
passenger in a veh cle that was struck on the passengers side.
Defendant admitted liability. Plaintiff, 19, female, suffered
facial scarring and TMJ problems. Plaintiff claimed that she had
aspirations of becoming a model. DR. DONALD BOLT, Plastic
Surgeon, testified plaintiffs facial scarring was permanent. DR.
JOSEPH P. McCAIN testified that plaintiff would need arthroscopic
surgery to her -jaw. Defense Doctor, DR. HARRY K. MOON, testified
plaintiff's injuries would improve and that she would benefit by
psychological counseling.
Verdict for plaintiff: $200,000.00.
4
/ - Ic. f (-( ()
Plaintiff's Attorney: NORMAN FUNT and JEFFREY HESS
Defendant's Attorney: TIMOTHY HARRINGTON
AUTOMOBILE ACCIDENT; Wrong side of parking ramp. Plaintiff
claimed that the defendant was driving on the wrong side of the
parking garage ramp. Defendant claimed that the plaintiff was
not looking forward as he made a turn to go down the ramp. The
cars hit head-on. Plaintiff, 53, male, jewelry salesman, claimed
injury to his neck and back. DR. FRANSISCO FIGUEREDO, $20,005.00,
testified plaintiff has a 7% disability. DR. AMOS MENENDEZ,
$1,135.00, testified plaintiff has a 6-8% disability. Defense
Doctor, DR. LEDFORD GREGORY, testified that plaintiff has no
permanent disability that he attributes to the subject accident.
He testified that plaintiff has a degenerative disc disease which
pre -dates that accident. An offer of judgment was filed in the
amount of $501.00. The case was settled at trial.
Settled during trial: $500.00.
EDWIN LAWRENCE and_NOREEN WHITTINGHAM LAWRENCE vs. ALLSTATE
INSURANCE COMPANY. (Dade County Case No.: 89-11431, Judge
Joseph P. Far na). Tried March 13, 1990.
Plaintiff's Attorney: RONALD ALTER and GARY E. GARBIS
Defendant's Attorney: THOMAS BACKHZYER
AUTOMOBILE ACCIDENT; Uninsured motorist claim. Plaintiff
claimed that a phantom vehicle turned left, in front of him,
causing a collision. Plaintiff, 41, male, truck driver, claimed
injuries to his forehead, back, and both knees. DR. BARRY
SCHWARTZ, $6,000.00, testified plaintiff has permanent scarring
and permanent injury. • DR. SHELDON MEYERSON, $260.00. DR.
MICHAEL KOONIN, $550.00. Parkway Regional Medical Center,
$1,854.75. Lost wages claimed, $1,600.00. Case was settled
during trial.
Settled during Trial: $35,000.00.
90-- 980
Y
�8
SIC-( c1
<f�o
Plaintiff's Attorney: EUGENE FLINN
Defendant's Attorney: MICHAEL KNECHT
AUTOMOBILE ACCIDENT; Rear end collision. Plaintiff testified
that he had stopped at a red light with the defendant stopped
behind him. Plaintiff stated that the light turned green, he
proceeded forward, and then slowed down due to traffic
conditions. At this time, he was rear -ended by. the defendant.
The defendant claimed that the light - turned ` green ,and :the,„,,
plaintiff proceeded forward and then made -an• unexpecte+ su en
atop causing the defendant to strike the rear of the plaintiff's
pick-up truck. Plaintiff, 45, male, employed by Metro -Dade
County, Aviation Department, suffered injuries to his neck. He
underwent a bilateral foramenotomy. In addition, he had a bone
graft C5/6. DR. JOSE MUNOZ, $1,480.00, testified plaintiff has a
10% disability. DR. JEROME POWELL, $2,700.00 testified plaintiff
has a 22% disability. DR. DALE JOHNS, $3,550.00, testified
plaintiff has an 8% disability. Plaintiff's hospital bills were
approximately $10,000.00. Defendant claimed that the plaintiff
had a pre-existing condition that the' defendant's next, surgery
was as a result of the pre-existing- condition and"'not the
accident.
Verdict for Defendants:
;�-� .,; "`.'' .•� ' '"�, ,• a .-.
MARIANLLA ORSINI V. LAZARO_ASENSIo and BARBARA ASENSIO. Dade
County Case No.: 89-57516, Judge Freder ck Barad)
Plaintiff's Attorney: RICHARD L. DRVKS
Defendant's Attorney: LARRY RUVIN
DOG BITE; Plaintiff, visiting the home of the defendants, was
bitten on her nose, by the Defendant'B • German :Sheppard.
Plaintiff was treated by*DR. BERNABE VAZQUEZ,.at..Palmetto General
Hospital. She had to have plastic surgery to..the nostril of her
nose. Plaintiff was left with a small, .acar;:t•in the nose area.
The case was settled before trial.
Settled before trial: $20,000.00.
i.
8
PAL>rt BEACH COOIITY
DAWN ALBERTI v. VICTOR ROSNER JANET ROSNER and DOUGLAS ROSNER.
(Palm Beach County Case No.: 88-7783, Judge Richard Burk).
Plaintiff'e Attorney: GERI SUR STRAUS
Defendant's Attorney: MARK WAYNE KLINGENSMITH
DOG BITS; Liability was not contested by the defendants. -`q-r,„
Plaintiff,, 22, female, model, was bitten on her face. She had 06
to have septoplasty surgery. Plaintiff was treated by DR. -STELA '1
TUDORAN and DR. DANIEL MAN.
Verdict for Plaintiff: $18,000.00.
MNESTIGATIONS dr ADJUSTMENT
COLT STRUCTURED SErnErNENIS
LEE GOILDWICH
ONE DATRAN CENTER • SURE 814
9100 S. DADHMlD BOULEVARD
f RARIDA 33156 (305) 647-01M
RADIOGRAPHIC
Duoica s
R
• Prints
• 35mm
Ar Inc.
AIrX,INC.
Professional Arts center, Suite 105
1110 Northwest 14th Street
Same day serviceMiarnh Florida 33136
X-RAY....... $ 9.00 (305) 326.1159
HAeuld M. BRMON
CDP
foRMErt paosEcurlNq ArroRNEy wirlr DPR
' ` ;
COMPUTERIZED -DATA PROCESSING, INC.
REPRmrah q pRolE5 woo AmsEd o1 IicmE violArioNs
Business Computer Solutions Since 1975
6838 NW 77 Court • Miami • FL 33166
9100 SouTh DMEW BWEvmd
VOICE: (305) 477-0353 • FAX: (305) 477-0413
MIAK FloRidA 3 3156
All Hardware 8 Software Solutions for DOS • OSr2 • XENIX 9 UNIX
(701) 661.0766
SALES • SOFTWARE • TRAINING
LIFE CARE PLANNING
P H I L C. GALLAGHER
Present value estimates for. r
• Forensic Testimony . Structured settlements
Ouslifled Insurance Litigation Consultant and
• Settlement brochures • Establislxnen► of reserves
Expert Witness for Policy Interpretations and
Analysis of:
Insurance Agents Errors 6 Omisslons Procedures.
• Ld&lwoNde expectancies • Earring capacAms
• Personal consu nptions • Household service needs
• MedreatlrehabTiWw care • Mearcatiavequipment expenses
4600 Biscayne Boulevard
• Vehbaiarlarch tectmal renovations
Miami, Florida 33137
CATION ECONOMICS O FO WTION SYSTEM
(305) 576.4100
10M B.W. 104th street, Ulm*, Fla. 33176
Tel: (30) 271-M12
Fax (305) 5764614
TO PLACE YOUR AD HERE, CALL: (305) 665.6144
90- 980
CITY OF MIAMI. FLORIDA com"S$((ljlf _ / V
ER ,.1. l.. Pl.VMkffrr
— ------ INTER -OFFICE MEMORANDUM----90DEC 'Q pM 4. � 3
TO: THE HONORABLE J.L. PLUMMER, JR.
VICE MAYOR
FROM
.4
Y-n I
MAT Y HIRAI
City Clerk
DATE December 10, 1 9 9 0 FILE
SUBJECT VotinR_While _Absent
Durin�_Roll_Call
REFERENCESC i t y Attorney
Memorandum dated June
ENCLOSURESI 1 9 8 %
At the Commission meeting of December 6, 1990, you were absent
during roll call on a pocket item in connection with a $63,000
settlement with Rosland Russell Collier. Upon your return to the
meeting, you requested that I show you as voting with the motion
on the above -cited item. The record will show, as ~in all other
similar situations, that although you were absent during roll
call, you requested of the Clerk to be shown voting with the
motion. Kindly confirm.
Upon receipt of your confirmation, we will proceed to affix the
appropriate agenda notation reflecting your request, as follows:
"ALTHOUGH ABSENT DURING ROLL CALL, VICE MAYOR
PLUMMER REQUESTED OF THE CLERK TO BE SHOWN AS
VOTING YES ON THE MOTION."
Kindly acknowledge in the space provided hereinbelow by signing.
ACKNOWLEDGED:
MH:sl
ENC: a/s
6i?M�a&yorF.O�LDATE:I_ li�6
w
rn n_
v
N
Ln