HomeMy WebLinkAboutR-86-0903a
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J-86-►952
11/4/86
RESOLUTION NO. %--903
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO AI.MAN70R MARTINEZ, WITHOUT
THE ADMISSION OF LIAFT LITY, THE SUM OF
$32,000.00 I14 FUI,L A14D COMPI.FTE SETTLEMENT OF
ANY AND ALL CLAIMS AND D7,MANDS AGAINST THE
CITY OF MIAMJ, UPON THE EXECUTION OF A
RELEASE, RELEASING THE CITY OF MJA14,I FROM ANY
AND ALL CLAIMS AND DEMANDS.
WHEREAS, Almanzor Martinez filed a claim against the City of
Miami for alleged bodily injury resulting from an accident on
March 31, 1981 at or near N.W. 20 Street and 13th Avenue; arvd
WHEREAS, the above claim has been investigated by the Tarts
Division of the City Attorneys Office in accordance with
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 $32,000.00 (Thirty -Two Thousand Dollars
and 00/100);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to Almanzor Martinez, without the admission of
liability, the sum of $32,000.00 (Thirty -Two Thousand Dollars and
00/100) in full and complete settlement of any and all bodily
injury claims and demands against the City of Miami, upon the
execution of a release, releasing the City of Miami from all
claims and demands.
PASSED and ADOPTED this 13th day of November , 19 6.
XAVIER L. SUAREZ YOR
ATT •
MATTY HIRAI,i
ERK
PREP RED D
/ /.�"`""�
ISTANT CITY ATTORNEY
MUMa OF
NOY 13 Im
:
APPROVED AS FORM CORRECTNESS:
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CITY OF MIAMI, rLoRoDA
ImTw*-orrtcw M iRMORANDUM 41
�O ab a r and Members October 30, 1986
;of°h y omission
La A. c g r t y
City Attorney
'"'t`kartinez v. City of Miami
Circuit Court Case No. 82-23990(12)
"art"tNCtt!
tNCLOSVREB:
This case involves a workman by the name of Almanzor
Martinez, the Plaintiff, sent from Pieco, Inc. at the City's
request to repair a diesel pump at our Heavy Equipment Fueling
lraeility. Plaintiff was directed to the electrical control panel
by a City employee and said City employee turned off one switch
which he thought would cut the power to the pump which plaintiff
was to work on. The superintendent of the fueling facility later
admitted in deposition that it was discovered after this incident
that it took two switches to cut the power to the pump in
question. On lurch 31, 1981, the plaintiff received a severe
shock when disconnecting the diesel pump for repair which caused
a serious injury to his left wrist ultimately requiring a wrist
fusion. Plaintiff was out of work for approximately two years.
Plaintiff was represented by Harold Cease, Esq. The City was
represented by Assistant City Attorney, Alejandro vilarello. The
case was tried from September 16, 1986 to September 19, 1986,
before conditional settlement was reached subject to City
Commission approval. The statutory limits of $50,000/$100,000
apply. The conditional settlement amount was for $32,000. The
reserve on this case was $50,000 for the plaintiff.
Pieco, the Plaintiff's employee, paid worker's compensation
benefits and the settlement of this matter is subject to worker's
compensation lien in the total amount of benefits paid to
Plaintiff. Such amount exceeds the conditional settlement
amount.
Plaintiff introduced testimony into evidence at trial
indicating that his salary the year prior to the incident was
$24,000 and introduced further evidence that he was unable to
work because of his injuries for approximately two years.
Plaintiff's left wrist has no range of motion in any direction
and required two surgeries prior to stabilization of his wrist.
Plaintiff's medical expenses totaled approximately $14,000 making
a total of medicals and lost wages in the amount of approximately
$62,000.
Plaintiff's attorney has offered to settled for $32,000
which is approximately 501 of the total of medicals and lost
w
•
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IV
W
Honorable Mayor and Members October 30, 1986
of the City Cission Page 2
wages, which takem into the consideration an estimate of 501
comparative negligence on the part of the Plaintiff.
This claim han been investigated by the City Attorney's
Office in accordance with Ordinance No. 8417 which created the
City of Miami's Self --Insurance Program. The city Attorney's
Office recommends that the City of Miami. pay $32,000.00 to settle
this claim.
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