HomeMy WebLinkAboutR-90-01891-
J7 90-146
2/13/90 0 189
,r RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO LEON EL PAZ AND GABRIELA
PAZ, HIS WIFE, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $65,000 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.
WHEREAS, Leonel Paz and Gabriela Paz, his wife, through
their attorney, filed a claim against the City of Miami, in the
Circuit Court of Dade County, Florida, Case No.: 89-20082 CA 10,
arising out of an automobile accident which occurred on September
18, 1988; 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 $65,000;
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 Leonel Paz and Gabriela Paz, his wife, without admission
of liability, the sum of $65,000 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.
Sect ion 2. Th is Resolution shall. become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of
ATT E.
MAI' I RA I
CITY CLERK
, 1990.
�VIER L. SUAREZ , JMAYOR
CITY COMMISSION
MEE`I`ING OF
MARL [8�...1990
PREPARED AND APPROVED BY:
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tA
CHAR-t ES C. MAYS
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTOR EY
CCM/BJR/M1374
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0
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO
Honorable Mayor and Members
of the City Commission
r
FROM, o 7qe6toney
rnandez
Cit
DATE February 22, 1990 L-89-111
SUBJECT Leonel Paz and Gabr.iela Paz
vs. City of Miami
Case No. 89-20082 CA 10
REFERENCES D/I : September 18, 1988
L/I: West Flagler Street and
ENCLOSURES Southwest 8th Avenue
This case arose from an automobile accident that occurred on
September 18, 1988, when a city police vehicle struck a vehicle
in which Leor_al Paz was a passenger. As a result of the
collision, the vehicle in which Mr. Paz was riding was propelled
into a concrete utility pole. ;fir. Paz was rendered unconscious
for approximately one hour. He was hospitalized at Jackson
Memorial Hospital for approximately 20 days. While at Jackson
Memorial Hospital he was operated on for a fractured pelvis. He
received daily physical therapy for approximately five months,
and is still undergoing physical therapy on a less frequent
basis.
Mr. Paz, who was 35 years old at the time of the accident,
is now paralyzed in his left leg, and ambulates by use of a
walker. At the time of the accident, he owned and operated his
own import business earning a profit of approximately $4,000 per
month. He has not been able to work since the accident, and is
supported by his wife, Gabriela Paz, who seeks damages for loss
of consortium. Additionally, Mr. Paz has been receiving
psychiatric counseling for depression and anxiety since September
1989.
Mr. Paz' medical expenses are approximately $40,000. He did
not own an automobile at the time of the accident, nor did anyone
in his household. The person who was driving the vehicle in
which Mr. Paz was riding was uninsured.
This claim has been investigated by the Torts Committee and
it has been concluded that there is no basis for comparative
liability against Mrs Paz; that the physical evidence suggests
that the city's driver was the sole legal cause of the accident;
and, a jury verdict for Mr. Paz' compensatory damages and Mrs.
Paz' consortium claim could easily exceed $100,000. Accordingly,
it is hereby recommended that the City of Miami settle this law
suit and pay Mrs. & Mrs. Paz $65,000 in full settlement of this
lawsuit, without the admission of liability.
P1089/JLF/CCM/bjr
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