HomeMy WebLinkAboutR-90-051390- 513
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE. TO PAS' TO BARBARA GUTIER RS t WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $45,000 IN
FULL AND COMPLETE 89TTLEMENT 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# Barbara Gutierrez, through her attorney, has filed
a claim against the City of Miami in the Circuit Court of Dade
County, Florida, Case No.: 87-46983 CA 09 arising out of an
accident which occurred on August 2, 1986; and
WHEREAS, the above claim has been investigated by the Torts
Division of 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 $45,000;
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 Barbara Gutierrez, without the admission of liability,
the sum of $45,000 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 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 12th day of July , 1990.
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CITY CLERK
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CITYOFOF MIAMI, FLORIDA r
INTEROFFICE MEMORANDUM
TO Honorable Mayor and Members DATE June 21, 1990 FILE � .J�90�486
of the City'Commission
SUBJECT : Resolution Authorizing Settle-
i ment with Barbara Gutierrez
Circuit Case No.87-46963 CA fI1`
FROhf Jorge L. Fernandez REFERENCES:
City Attorney
ENCLOSURES Two
Attached is a resolution authorizing the Director of Finance
to 'pay to'. Barbara Gutierrez, without admission of liability, ,-the
sum of $45,000 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 said party from any and all claims''
and demands.
Barbara Gutierrez, through her attorney, filed. .a ,.claim
against the City of Miami- in the Circuit Court of Dade, arising_
out of an automobile accident which occurred on August 2, 1986.
This claim has been investigated by the Torts Division of the
City Attorney's Office pursuant to Ordinance No. 8417 (memorandum
attached) which created the City of Miami's Self -Insurance,
Program, and said office recommends that this claim be settled
for the sum of $45,000.
P1256/JLF/CCM/bjr
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ro Members of the -Torts Committee DATE - June 7,- 1990
SUE)ECT Barbara Gutierrez i Massy,
peira vs. City of Miami, et a1.
Case:No. 87-46983 CA 09
�RoM . Charles C. Mays (REFERENCES ti/ L August l98 6
Assistant City Attorney L/I r Southwest 26th 'Road
ENCLOSMAUS and Southwest 5th Avenue
On 'August 21 19860 Barbara Gutierrez was driving. here
automobile on Southwest 26th Road; Mary Neira was her passenger.`.
— Ms., .Gutierrez collided with another vehicle at the'' intersection,:_
of Sth Avenue.- The accident occurred because Me.; Gutierrez did
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_ not _see a stop sign located at the intersection.. The stop sign
= was obstructed by trees and foliage extending from a city owned
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—_ swale area. (In fact, exactly one week prior to the . accident a
city police., officer had also caused an accident at that
intersection because his view of the stop sign was obstructed.)
There is no basis for comparative-. negligence against M40",
Gutierrez= nor is there any basis for comparative negligence,`
- against. Ms. Nedra, • the passenger. The city's negligence by: -:.not
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trimming the trees and.foliage is indisputable.
— Both Ms. Gutierrez and Ms. Neira lost consciousness as a
result of the accident, and were transported to Jackson Memorial
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Hospital. In addition to a concussion and various abrasions; Ms.
fractured right hip, a dislocation of
9 p =tie Gutierrez. sustained aa
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acetabular posterior wall and injury to the .sciatic `.nerve. k: Stie
had surgery, which has left a permanent scar extending from her
- right '-hip to -Just above heir, knee. She . was • hospitalized for
approximately three weeks, and upon discharge was unable to walk
for approximately three months. She ambulates presently with a
slight limp. 'Her medical —bills were. approximattely, $20,000.
= According to Dr. 'Gregory Zych, - the. attending orthopedic surgeon:
at Jackson, there is e.possibility that she will develop a severe..,
= arthritic condition in her hip which may result' • in a hip
reel Acement.
Ms. Neirat injuries were not as serious. However, she
underwent surgery to her left. log for thrombophiebit s,., -and
sustained a scar to her forehead. Her 'medical expenses veto:,-
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approximatell► S 7, OQti. � ���
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Ms. Gutierrez has agreed to settle for $45,000. Ms. Neira
has agreed to settle for $2,500. Based upon the medical
expenses, the plaintiffs' injuries and the liability of the city,
it is hereby recommended that this case be settled accordingly.
APPROVED/DISAPPROVED
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Jo ge . Fernandez
Ci y Attorney
Edon M. FittW
Assistant City Attorney
A. Quinn J nes II
Deputy C y Attorney
War nra R. Bittner
sistant City Attorney
P1236/CCM/bjr
Christopher F. Kurtz
Assistant City Attorney
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Paul er, Suge. vis r
Claims Division
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