HomeMy WebLinkAboutR-87-0917J-87-821
9/22/87
RESOLUTION No. 87-91'7
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO REBECCA SHAW AS PERSONAL
REPRESENTATIVE OF DOROTHY ROBINSON, THE SUM
OF $50,0001 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, REBECCA SHAW, as Personal Representative of the
Estate of Dorothy Robinson, through counsel, filed a claim
against Randle Eastern Ambulance Service, Inc., the City of Miami
and Metropolitan Dade County, Florida for a claim for wrongful
death as a result of the improper response to an emergency call
for assistance made on behalf of Dorothy Robinson, deceased; and
WHEREAS, it is advantageous for the City of Miami to effect
a settlement of said lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of the Department of Finance of
the City of Miami is hereby authorized and directed to pay to
REBECCA SHAW, as Personal Representative of the Estate of Dorothy
Robinson the sum of $50,000 in full settlement of all claims and
demands against the City of Miami filed in the Circuit Court of
the Eleventh Judicial Circuit, in and for Dade County, Florida,
Case No. 84-42024 CA (10), said payment to be made upon the
CITY COMMISSION
MEETING OF
OCT 22 1987
execution of a Release releasing the City of Miami from all
claims and demands.
PASSED AND ADOPTED this 222nndday of -,,0ctober
oe •
L. SUAR Zr Mi
ATTE
MATTY HIRAI
CITY CLERK
PREPAR51b AND jAPPROYSA BY :
ia.J va. i L qi aJY
A ISTANT CITY ATTORNEY
APPROVED�ASJ TO FORM AND CORRECTNESS:
VDC—IA—'A: DOUGHEM
CITY ATTORNEY
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87"8i I .
F U 57
CITY OF MIAMI,FLORIDA
INTER -OFFICE MEMORANDUM
To:Honorable Mayc and Members
of the City mmission
From: Lucia A. Doug erty
City Attorney
Date: September 22, 1987 L-86-161
Subject: Rebecca Shaw, as Personal .
Representative of the Estate
of Dorothy Robinson v. Randle
Eastern Ambulance Service, Inc.,
City of Miami & Metropolitan
Dade County, Florida
Reference: Case No. 84-42024 (10)
Risk #012/GL-85-009
FACTS.
At approximately 10:30 P.M. on October 10, 1984, Mrs. Robinson's
minor daughter contacted the security guard in the building in
which they resided (a. Dade County/HUD facility) and advised that
her mother was ill. The security guard went to the apartment and
observed that Mrs. Robinson was complaining of stomach pains and
that she was moaning, sweating, and had vomited. She then
contacted her dispatcher by radio and that dispatcher called the
City Fire Rescue dispatcher. The substance of the first con-
versation was that the woman was suffering from abdominal pains
and that she was wheelchair bound to which the City's dispatcher
responded that the City does not send a rescue for abdominal
pains and if you want an ambulance please call back on the 911
line. The security guard then left the apartment and went
downstairs to call 911 where she repeated the same basic
information to the second City dispatcher, but added 'pains all
over her body" to the report. The second dispatcher transferred
the call to Randle Eastern Ambulance Service.
Upon receiving the same basic information, Randle Eastern's
dispatcher advised the security guard that the charge would be
$85.00 and asked for information as to payment. The security
guard went back to the apartment and learned that Mrs. Robinson
only had $5.00 and no credit cards. Thereafter, she contacted
Mrs. Robinson's familq who came ,to the scene and transported her
to Jackson Memorial Hospital Emergency Room where they arrived
just before midnight. Upon arrival, a major resuscitation
effort was performed, but this was to no avail as Mrs. Robinson
was pronounced dead at 12:47 a.m.
The basic issue in the case was whether the delay of approxi-
mately 60 to 75 minutes caused Mrs. Robinson's death. Plaintiff's
experts supported the theory that she would have lived; In
5 ?-I
Page 2 September 22, 1987
Honorable Mayor and Members Shaw/Robinson
of the City Commission
addition, it should be mentioned that Mrs. Robinson was an
invalid due to juvenile rheumatoid arthritis; and that the
Medical Examiner, on autopsy, attributed her death to sepsis (a
bacterial infection of the blood) brought on by a chronic kidney
infection.
SETTLEMENT
Needless to say, there is a tremendous sympathy factor involved
in this case which would, undoubtedly, be exploited by
Plaintiff's attorneys, Rosalind Berschthal and Stewart Grossman
of the Law Offices of Spence, Payne, Masington, Grossman and
Needle, P.A. Plaintiff's demand before trial and negotiations
was two million dollars. The case has been removed from the trial
calendar (beginning September 21, 1987) of Judge Sidney Shapiro,
pending approval of this settlement by you.
On the eve of trial, Randle -Eastern agreed to settle for approxi-
-mately $375000, which included $200,000 in cash and a structure
providing a lifetime monthly income and'a college fund for each
of the minor survivors. (Randle-Eastern's settlement included the
County insofar as their dispatch function was concerned through
an indemnity agreement and insurance provided by Randle Eastern).
The demand to the City was $100,000 but after difficult negotia-
tions were conducted, Plaintiff has agreed to accept $50,000 in
cash, which is recommended by the Law Department.
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87-917
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