HomeMy WebLinkAboutR-86-07038/7/86
RESOLUTION NO.Sfi 3
A RESOLUTION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO
ALBERT MINTUS, AS GUARDIAN OF THE
PERSON AND PROPERTY OF MILLIE
MINTUS, THE SUM OF $95,000.00,
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.
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WHEREAS, ALBERT MINTUS, as Guardian of the Person and
Property of MILLIE MINTUS, through counsel, filed a claim
against the City of Miami for the injuries resulting from that
certain vehicular accident involving a vehicle driven by an
employee of the City of Miami Building & Inspection Division of
the Fire Department and MILLIE MINTUS which took place at or
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near the intersection of 23rd Street and Collins Avenue, Miami
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Beach, Florida on or about August 14, 1985; and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's office and in accordance with
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Ordinance 8417, which created the City of Miami Self Insurance
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Program, the said office recommends that the above claim be
settled without any admission of liability for the sum of
$95,000.00.
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITYt
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OF MIAMI, FLORIDA:
Section 1. The Director of Finance is herebyauthorized ed
to pay to ALBERT MINTUS, as Guardian of the Person and Property
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SIEM;
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86-103
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Of MILLIS MINTUS, the sum of $95,000.00, without any 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 OF MIAMI from said claims and demands.
PASSED AND ADOPTED this llth day of EPmrMREu, 1986.
XAV R L. SUAREZ
%Z MAYOR
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
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Honorab Mayor and Members August 7, 1986 L-86-43
TO. of th _ ty Commission PATE: FILL:
Albert Mintus as guardian of
SUBJECT: the person and property of
Millie Mintus, Incompetent
(v''. City of Miami
FROM: L Cia . DQ g erty REFERENCfi9 se No. 86-8541 CA 10
City Attorne D/A: 8/14/85
ENCLOSURES: Resolution J-86-688
Plaintiff, Albert Mintus, as the Guardian of the Person and
Property of Millie Mintus, Incompetent, filed a claim against the
City of Miami through his attorney, Milton Kelner, Esquire of
Kelner And Kelner for injuries resulting from a vehicular
accident wherein an employee of the City of Miami Building &
Inspection Division of the Fire Department was the driver of a
City vehicle which struck Millie Mintus, a pedestrian, at or
near the intersection of 23rd Street and Collins Avenue, Miami
Beach, Florida.
This accident occurred on August 14, 1985 just north of the above
stated intersection. The City's driver, an employee of the.
Building & Inspection Division of the Fire Department, resided in
the area and was on his way home at approximately 9:30 p.m. in
his "take home" vehicle, a City owned 1978 Plymouth. The City
employee was in the lane closest to the sidewalk and had stopped
at a traffic light for approximately 30 seconds to one minute.
To his left was a van of some unknown type. The light turned
green and when he had proceeded in a northernly direction at a
position approximately 40 feet north of the intersection from
where he had stopped, he heard a bump and stopped as quickly as
he could. This position is approximately 110-125 feet north of
the place where he had stopped at the red light.
The City driver claims that at the time of the accident his
vision was obscured by the van which had proceeded from the red
light alongside of him or just a few feet in front of his
vehicle; however he cannot explain why he did not observe the
Plaintiff begin to cross the street, while he was waiting at the
red light. Based upon the point of impact, the placement of the
sidewalk and the situation concerning the traffic light, it is
assumed that Millie Mintus was jaywalking from the westside of
Collins Avenue to the east side of Collins Avenue and 23rd
Street; however, her jaywalking does not excuse the City's
liability and a jury would be required to apportion the
negligence of each party.
Millie Mintus was approximately 80 years of age at the time of
Page 2 August 13, 1986
Honorable Mayor and
Members of the City Commission Mintus v. City
G-86-43
the accident. She was living in her own apartment in the Roney.
Plaza and she was reportedly able to provide and care for herself
prior to the accident. Plaintiff is now incompetent ostensibly
as a result of the accident (Plaintiff's lawyer states that her
doctor would testify and relate her incompetency in part to the
accident). She has resided in the Villa Maria Nursing Center
since late September, 1985, just after she was discharged from
Mt. Sinai Hospital. She had been in the hospital from August 15,
1985 to September 19, 1985 for treatment of her injuries which
included open fracture of right tibia, multiple trauma,
dislocated right shoulder, concussion, bleeding in the scull and
other assorted lacerations to her body.
Millie Mintus' medical and related specials are approximately
$85,000.00 at this time and they are increasing on a monthly
basis because of her continued need to be in a nursing home and
her need for private duty nurses. This case may have a value
before a jury of between $300,000 and $500,000 based upon the
injuries suffered, the damages incurred to date and the projected
future damages (based upon Millie Mintus' life expectancy), and
even if the jury were to find her comparatively negligent by 50%
(which is questionable based upon past experience) the judgment
would exceed the recommended settlement and a claims bill could
thereafter be filed. Moreover, the cost of bringing this case to
trial is estimated to be $10,000-$15,000.