HomeMy WebLinkAboutR-90-0357Ej
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J-90--312
4/l.3/9
RESOLUTION NO. 9 0— 357
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO RICARDO J. FRANCO AND
ARVELIA FRANCO, HIS WIFE, THE SUM OF
$35,000.00, WITHOUT THE ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, UPON EXECUTION OF A RELEASE,
RELEASING THE CITY FROM ALL CLAIMS AND
DEMANDS.
WHEREAS, Ricardo J. Franco and Arvelia Franco, his wife,
through counsel, filed. a claim against the City of Miami
resulting from an accident which occurred on April 4, 1987; and
WHEREAS, it is advantageous for the City of Miami to effect
a settlement of said lawsuit; and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office and in accordance with
Ordinance No. 84-17, which created the City of Miami's Self -
Insurance Program, the City Attorney's Office recommends that the
claim be settled without the admission of liability for the sum
of $35,000.00;
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 to Ricardo J. Franco and Arvelia Franco, his wife, the sum
of $35,000.00, without the admission of liability, in full and
complete settlement of all claims and demands against the City of
Miami in Circuit Court Case No. 89-16908 (28), said payment to be
made upon the execution of a Release, releasing the City of Miami
from all. claims and demands.
CITY COMMISSION
MEETING OF
M Z 4 1'-, A
LK-101-ITIM
90�- 357
No.
Section 2. This Resol.uti.on shal_1. become 9ffecti_ve
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of May , 1990.
XAVIER L. SUARE MAYOR
CITY CLERK
PREPARED AN/APP VE9
ON M.-F.I-RTEL
SISTANT CITY
BY:
Y
APPROVED AS TO FORM AND CORRECTNESS:
JO G T� . F RNANDE Z
4l_ t
Cjr,y ATTO EY
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90-- 357
CITY OF MIAMI. FLORIDA W
INTER -OFFICE MEMORANDUM
To. Honorable Mayor and Members
of the City Commission
FROM Jorge L. Fernandez
City Attorney
DATE April 12, 1990 FILE
SUWECT Ricardo Franco v. City
Case No. 89-16908 (28)
D/A: 04/04/87
Settlement Authority
REFERENCES.
ENCLOSURES:
This case arose from an accident that took place on
April 4, 1987 in the loading dock of a business located at 300
Southwest 17th Avenue, Miami, Dade County, Florida. The
Plaintiff and a co-worker at the Bon Bon Bakery were assisting in
dumping trash into a City owned garbage truck. When the compactor
was engaged, the truck, according to witnesses, lurched backward
pinning Mr. Franco and another worker between the rear -end of the
truck and two freezers.
The Plaintiff suffered a fracture of the malleous of the
left ankle and soft tissue injuries to his neck, shoulder and
back as a result of the accident. His treating physician, Dr.
Luis Suarez, to whom he was referred by his employer's worker's
compensation insurer, assigned him a 5% permanent impairment as a
result of his injuries and during Dr. Suarez's deposition, he
testified that the Plaintiff would be troubled by pain and a limp
for the rest of his life. Additionally, the Plaintiff lost
approximately five weeks of wages and incurred approximately
$3,500.00 in medical bills as a result of the accident.
® The Plaintiff's attorney, Mark Rubin of Talianoff & Rubin
originally demanded $75,000 in full settlement of this matter,
but after negotiations he has agreed to recommend a settlement to
his client in the amount of $35,000.00.
This claim has been investigated by the Tort Committee (Tort
Committee Authorization enclosed) and it is hereby recommended
that the City of Miami settle this claim and pay Mr. Franco
$35,000.00 in full settlement of his claim, without the admission
of liability.
JLF/cm/P330
Enc .
CR 3V -i
90- 357
CITY OF r:'iA�-'i. F;_ORiU_
INTER -OFFICE MEMORANDUM
TO Members of the Tort Co
FROM Leon M. Firtel
Assistant City Attorne
",ATE March 16, 1990 FILE
:eiE�T Ricardo Franco v . City
Case No. 89-16908 (28)
Claims No. 017/V-97-156
�EFEREliCES Settlement Authority
EPICLGSURES
On April 4, 1987, while working as a supervisor at the Bon
Bon Bakery, the Plaintiff, Ricardo J. Franco, was injured while
assisting in dumping trash into a City owned garbage truck that
lurched backwards pinning Mr. Franco and another worker between
its cargo compacting unit and two freezers. According to a City
investigation of the matter, the truck went into reverse when the
compactor was started.
The City has previously settled the claims made by the
business for property damage and a co-worker of this Plaintiff.
Mr. Franco is approximately 50 years old and when the truck
struck him, he suffered soft tissue injuries to his left shoulder
and back, as well as a non -displaced fracture of the malleous of
the left ankle.
Immediately after the accident, Franco was taken to Cedars
of'Lebanon Medical Center and he began a course of treatment with
various physicians; however, approximately one week after the
accident, the }business' Worker's Compensation insurance sent him
to Dr. 'Luis Suarez, a board eligible orthopedic surgeon, who in
my opinion, became his treating physician. Dr. Suarez treated
him conservatively for a period of about six months during which
time his foot was in a cast and he used crutches. Dr. Suarez
ultimately assigned him a 5% impairment of loss of physical
function of the lower left extremity. Franco also lost
approximately ($3,600.00) in wages as a result of the accident.
Total medicals are approximately $3,500.00.
Although I have taken Mr. Franco's deposition and have had
him examined by Dr. W. Scott Piper, III, expenses on the file at
this point are relatively small. Dr. Piper also assigned him ;i
5% partial permanent impairment of the left ankle and has advised
me that there is a loss of function, i.e., ability to move the
left ankle so that the Plaintiff `will have continued pain and
trouble walking.
90- 357
Eli
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Page 2
Tort Committee
March 16, 1990
Ricardo J. Franc(,
Franco makes a good appearance and is represented by Marl:
Rubin of Talianoff & Rubin. Mr. Rubin is an experienced attorney -
and based upon my discussions with him concerning the case, he
has evaluated it made a demand for.$40,000.00. I believe this
figure is reasonable in light of the circumstances of the case
and the City's apparent liability, but I believe that I will by
able to reduce the settlement amount by a few thousand dollars.
I am, therefore, requesting the sum of $38,000.00 as
authority to resolve this case.
Please indicate your comments below.
r
. F NANDEZ, CITY ATTORNEY 1—/
. QVINN ,TgNES, III, DEPUTY CITY ATTORNEY
X VILARELLO, VIXF ASSISTANT CITY ATTOREFY
CHARLES�C. MAYS, A ISTANT CITY ATTORNEY
CHRISTOPHER,F-. KURTZ, ASSISTANT CITY ATTORNEY
WRR,QN BIT NER, ASSISTANT C IT � ATTORN Y
PAUL WEBER, CLAIMS D.I'VIS ION
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90- 357