HomeMy WebLinkAboutR-89-1044J-89-1024
10/24/85
RESOLUTION N0. ISIM1044
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MITCHELL BISKUP THE
SUM OF $50,000.00, WITHOUT THE ADMISSION
OP LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, IN
CIRCUIT COURT CASE NO. 87-53445 CA (17),
UPON EXECUTION OF A RELEASE, RELEASING
THE CITY FROM ALL CLAIMS AND DEMANDS.
WHEREAS, MITCHELL BISKUP, through counsel, filed a lawsuit
claming damages for personal injuries against the City of Miami
resulting from an accident which occurred on or about October 12,
1986 on a City -owned floating dock located near 2600 South
Beyshore Drive in the City of Miami; 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 Attorneys office recommends that the
claim be settled without the admission of liability for the sum
of $50,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
"x 'r
I OF MIAMx, FLORIDA:
Section I. The Director of Finance is hereby authorized
~ F+ r,
to pay to MITCHELL BISKUP the sum of $50,000.00, without thQ
,
admission of liability, in full and complete settlement of 0;11
�c , to .:';tan ,demands against the City of Miami. in CiXCuit
Case No, 87-53445 C (17 , said payment o e ode upo
execution of a Release, releasing the city, of st
( .
l*> and _d+awds
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rAEKED Al�1D AI�Op�"BD tfii 3f1thdav of
CITY CLERK
PRE D D JAPPFED BYI
November r 1989.
Mir,
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CITY OF'MIAMI, FLORIDACA=35*'
INTER -OFFICE MEMORANDUM
FILE.
TO: Honorable Mayor and Members
DATE : October 24, 1989
of the City commission SUBJECT : Mitchell Biskup V. city
i
i Case No. 87-53445 s
10/12/86
S'ettlement
FROM : J(j ge �. `fernarides REFERENCES .
City Attorney
ENCLOSURES:
" ThB case arose from an accident that took place on October
12, 1986 during-,the,,early.eveninq.hours.when-Mitchell Biskup was
throw h the slats' of a
inured when ' 'his right leg slippedg
floatin dock belonging to the _city,_ which was tied ,.n t
temporary ; . 9.
an `outboard position to tue'.east of the -concrete pier farming the ;
north side>,of,the public dock behind the Merrick,.Gym•
,.:. .
The Flaintff.allegedly suffered.laceratione and gain in his
4
and `back and began a course o
leg f�treatment which continued for k:
ths. , Whea :he still., complained. of. pain,. exPloratoa wind
three mop _
_corrective arthroscopic"surgery was per in late February , k
198a }, p,laintiff ; ccntinuerd,, to ,be, treated _.for . an additional four.
Mont
Dr, Ruddy, Plaintiff's orthopaedic surgeon, aBsiglaed`n
ial: ent ;disabiltsy of.: the. right leg wh3, h* c'1
Thin satin was confirmed by" a 'doctor who
to 5$ ' of the body, g est . Total nediool `
eamte .. °P,afntif f, at. the city, s requ"
!- fined Y
specials are $,800.00. Additionally, Plaintiff claims ten +days
i._.. - S t
of to®t', :wages';' pi?�t$- an. addition f �,ve �:day�I�� after-sur4+� C�� � �.
did not have out of pocket lose because of the type of +ampiol�ant
fi; tat
The Plaintiff claims pain and suffering continuing even V �
after- surgery and lose of enjoyment of life in that his
Lie ��. ate! {fa
jnVoly eAt-1�in ;:eporta act v t .ma x s� greatly= ;. 1j d R+*1i41F 1r
► ; and toall restricted in regard to jogging, which was' hie, first
yy g
r This :arfact r >3 confirmed .b triomW who reimi d `the �
1o�re # Y'``
Jogged, on s dai.ly basis and that he often competed in jQ9�nc ,.
4�
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. omits} ¢shim Chas baaien;: hvoo;tJgated by:
itk+- d:i
` tea fhourtpt `c�° a>gtrtya+it is very probablethat a 'nhaa bin concluded that ai+ d�0-97 te•
w
s F i
o
t 5r3x
sz settle: this. 11woust. Accordin ,a he ►by xac n t
4 p
Wool
4 in' fdli` se►ttie s t of this c I�;ils�
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