HomeMy WebLinkAboutR-88-0414J-88-394
4/27/88
RESOLUTION NO. _88-41.4
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO LULA BROOKS, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $44,500.00
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 ANY AND ALL
CLAIMS AND DEMANDS.
WHEREAS, Lula Brooks, through her attorney, filed a claim
against the City of Miami for alleged negligence arising out of a
pedestrian/motor vehicle accident involving a City of Miami Solid
Waste truck on October 17, 1985 at or near Northwest 17th Avenue
and Northwest 54th Street, Miami, Dade County, Florida, and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office pursuant to Ordinance No.
8417, which creates the City of Miami's Self -Insurance Program,
and said office recommends that this claim be settled for the sum
of $44,500.00;
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 Lula Brooks, without the admission of liability, the sum
of $44,500.00. 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.
PASSED AND ADOPTED this 12th day of May , 1988.
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XAVIER L. S Z, MA OR
CITY C0MDI1
MEETING Gr'
Rya y 12 1196
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RISOCUTION No. ` 8-414
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and
Members of the City Commission
Lucia A. Dougherty
City Attorney
Lula Brooks v. City of Miami
Case No. 86-29458 (20)
D/A: 10/17/85
L/A: 17th Avenue and
Ms. Lula Brooks through her Attorney has alleged serious
injuries arising out of a pedestrian/motor vehicle accident
involving a City of Miami Solid Waste pick-up truck (2 1/2 ton).
The Plaintiff's treating physician has rated Ms. Brooks with a
ten to fifteen per cent (10-15%) permanent impairment. The court
appointed physician has rated plaintiff at the same permanent
impairment range.
The plaintiff's original demand was for $100,000. However,
she has agreed at this time to accept $44,500.00 in full
settlement of her claim subject to your approval.
This claim has been investigated by my staff and payment by
the City of Miami of $44,500.00 is recommended in full -settlement
of this claim without the admission of liability.
AV/wpo/pb/M041
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