HomeMy WebLinkAboutR-90-0246J--9O-19 7
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RESOI,11T ION No. 0-,10246 -
A RESOLUTION AUTHORI7ING THE DIRECTOR OF
FINANCE? TO PAY TO ARTHUR ROPY, WITHOUT —
ADMISSION OF LIABILITY, THE SUM OF $86,300 IN _=
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMT,
UPON THE EXECUTION OF A RELEASE, RELEASING -_
THE SAID PARTY FROM ANY AND ALL CLAIMS AND --
DEMANDS. -
WHEREAS, Arthur Roby, through his attorney, filed a claim
against the City of Miami, in the Circuit Court of Dade County,
Florida, Case No.: 85-53466 CA 20, arising out of an automobile
accident which occurred on September 1, 1982; 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 $86,300;
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 Arthur Roby, without admission of liability, the sum of
$86,300 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.
CITY COMMISSION
MEETING OF
APR12 119990
RESOLUTIUN 14,00., �+01
RE.MAkKS: `J
PASSF,;D ANT) A1)(?}'TE1) t.ht 1.2th (iav of
e
qUIER L. Sl'RR7, MAYOR
ATT S
MATIrY H I RA I
CITY CLERK
PREPARED D APPROVED BY:
JANZ)RO VILA-LA
IEPfASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JO E 11. FEPN NDEZ
CI ATTORNEY
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CITY OF mgAMI, FLOMIDA -=
INTEROFFICE MEMORANDUM
Honorable Mayor Xavier L. Suarez °ITT/ March 12, 1990
and Memhera of the City Commission
suo,�cT ResolutiQn k3thorizing =
a Settlement with Arthur Roby-
Circuit Court Case 85-53466
CROM Jar a L. Fe andez REFERENCES
City Attarn =-
aNc��aunea
Attached is a resolution authorizing the 01rector of Finance
to pay to Arthur Roby, without admission of liability, the sum of.
$86,300 in full and complete settlement of any and all claima and
demands against the City of Miami, upon the execution of a
Release, releasing the said party from any and all claims and
demands.
Arthur Roby, through his attorney, tiled a claim against the
City of Miami in the Circuit Court of Dade County, arising out of
an automobile accident which occurred on September 1, 1982. This
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 $66,300.
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r,I , C_�F i,I1 Af;'!. F! (-)RIC)A
INTER -OFFICE MEMORANDUM
TO Honorable Mayor Xavier L. Suarez DATE April 12, 1990 P LE L-86--05
and Members of the City Commission
SUBJECT Arthur Roby v. City of Miami
Circuit_ Court Case 85-53466
D/A: September 1, 1982
FgOki Jorge L. Fernandez gE,EAEt,CES
City Attorney
ENCLOSURES
SUPPLEMENTAL REQUEST a
FOR SETTLEMENT AUTHORITY
FACTS
This lawsuit is based on a traffic accident that occurred at
4:00 p.m. on Wednesday, September 1, 1982. The Plaintiff, Arthur `=
Roby, a 52 year old black male, was driving his 1968 four door
Chevrolet just north on Northwest 3rd Avenue approaching 12th =_
Street. Roby had just dropped off_ his close friend and =_
passenger, Eugene Norwood, from his vehicle at Northwest 3rd
Avenue and llth Terrace. Roby has stated that as he approached
12th Street, he began a left turn onto 12th Street. He states
that as he was making the left turn onto 12th Street, an unmarked
City police car struck his vehicle at the left_ rear quarter
panel.
The City vehicle was driven by then Chief of Police Kenneth
Harms. Harms has stated that he was behind Roby's vehicle as
they approached 12th Street on 3rd Avenue. Harms states that =�
Roby began a right turn onto 12th Street. Harms states that,
while remaining in the northbound lane, he did steer to the left
portion of his lane, anticipating that Roby would continue his
right turn. Harms states that Roby, after beginning a right
turn, suddenly turned to the left in an attempt to make either a
left turn onto 12th Street or a U-turn on 3rd Avenue. Harms
braked his vehicle and steered to the left in an attempt to pass
Roby's vehicle and avoid a collision. The street was wet due to
previous rainfall. The brakes of the City vehicle locked and the
vehicle slid into Roby's vehicle. The point of impact was east
of the center line of Northwest 3rd Avenue.
Dr. Dale Johns treated Roby from July 14, 1984 to February,
1986. He admitted Roby to Palmetto General Hospital on February
3, 1986 because of lumbar radiculitis in the right leg. Roby
underwent a lumbar myelogram and a lumbar hemilaminectomy. As a
result, Roby was left with a 10% permanent disability related to
this accident.
90 24(;
This case was tried before Judge Michael Salmon in May,
1988. The jury returned a verdict for the Plaintiff, Arthur
Roby, of $220,000 and attributed 60% of the negligence against
the City. Judgment was entered in the amount of $132,000.
Applicable limitation on the award was $100,000 (5768.38, Fla.
Stat.).
Appeal was taken. The Third District Court of Appeals
reversed. Such reversal was based on the Court's exclusion of
impeachment evidence which could have been effective at the first
trial. At this point the impeachment evidence has been disclosed
and has been diluted by Plaintiff's counsel's opportunity to
prepare for rebuttal of this evidence. Plaintiff has undergone a
second back surgery and future surgery is anticipated.
RECOMMENDATION
This office has tendered, subject to City Commission
approval, and the Plaintiff has agreed to accept $86,300 in full
and complete settlement of this matter.
I recommend that the amount of $86,300 be approved.
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