HomeMy WebLinkAboutR-86-0292J-86-317
4/10/86
RESOLUTION NO.
A RESOLUTION APPROVING SETTLEMENT OF
LITIGATION INSTITUTED AGAINST THE CITY OF
MIAMI BY RAFAEL ALFONSO FOR DAMAGES DUE TO
INJURIES HE SUSTAINED ON A VEHICULAR ACCIDENT
INVOLVING A CITY -OWNED VEHICLE;
SETTLEMENT IN A MANNER WHICH IS ACCEPTABLE TO
THE CITY ATTORNEY ON A BASIS OF $800000;
SAID APPROVAL AND AUTHORIZATION BEING GIVEN
WITHOUT THE ADMISSION OF LIABILITY AND IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AGAINST THE CITY OF MIAMI AND HERMAN
JOHNSON, JR. AND SUBJECT TO THE EXECUTION OF
A RELEASE RELEASING THE FROMTY ALL FCLAIMMI AND S AND
HERMAN JOHNSON, .
DEMANDS.
WHEREAS, Rafael Alfonso, through his attorney, filed a claim
and subsequent lawsuit in Circuit Court against the City of Miami for damages as a result of injuries he sustained in a vehicular
accident on November 28, 1980, involving a City -owned truck at
the approximate location of Northwest 22nd Avenue and 7th Street,
Miami, Florida; and
e claim has been investigated by the Torts
WHEREAS, the abov
Division of the City Attorney's Office and in accordance with
ord
inance No. 8417, which created the City of Miami's Self -
Insurance Program, the City Attorney's Office recommends that
settled in a manner which
this claim and subsequent litigation be
is acceptable to the City Attorney;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA;
tion instituted against the
Se
ction 1. Settlement of litiga
City of Miami by
Rafael Alfonso for injuries he sustained in a
ve
hicular accident involving a City -owned vehicle is hereby
approved with the settlement on a basis of $800,000 to be made in
to the City Attorney. Funds for the herein
a manner acceptable
authorized settlement are hereby allocated from Special Programs
and Accounts, Contingent Fund.
Section 2. The herein approved and authorization is hereby
given without the admission of liability and in full and complete N
g CITY cor�issxo
MEETING OF
APR 10
TION Nu. _ .+w
'19.1 1 �W_]ff - AU
i
settlement of any and all claims against
Herman Johnson, Jr. and subject to the
releasing the City of Miami and Herman
the City
execution
Johnson,
of Miami and
of a release
Jr. from all
claims and demands.
PASSED AND ADOPTED this loth
day of
ppRIL
1986. {
X IER
w
L. SUMayo
L-4c
r
ATYHIRAI
City Clerk
PREPARED AND APPROVED BY:
GISELA CARDONNE
Deputy City Attorney
i
CITY of MIAMI, FLORIDA 1 _
INTER -OFFICE MEMORANDUM 3
FILE: L- 81- 8 6
i
or,rE: April 1, 1986 V-20-208
to. Sonorable or and Members of Miami
of the y .Commission susdErT: Alfonso v. City
6/1: 11/28/80
New. 7th Street and
t REFERENCES: approximately 22nd Avenue
FROM.Luciaghe Y Case No. 81-11929..CA-24
City Attorney ENCLOSURES:
ReQ� t for Settlement Authotit
Rafael Alfonso was driving east on
On No
28r 1980, 22nd Avenue. Our Public
Northwest 7th Street at approximately rear ended the
'3 Works tractor,
which was loaded with a roller,to
f's vehicle. This collisionollide with caused naoloaded
oRinker
plaintif traffic and c intruded in the
two lanes of oncoming
cement truck. The Rinker truck front bumper
compartment of the automobile vehicless before °coming toga
rry.r. passengerarke
The car then hit two other p
final stop• The City
W� plaintiff's car was killed.
eewas a single
e
's The passenger in the
$., parents in 1982 for $10,000.
settled with her p under Florida s Wrongful
x;tis
} adult, with no dependents anentitled to funeral expenses.
Statute,
her family was only a
`'p Alfonso suffered injuries which included brain
amage,
x several fractured ribs, all of which have resulted
' pneumothora . dependent on others
in. leaving him wheelchair bound and totally .limited vocabulary,
to care for him. He communicates with a very
ere Due to lack_ of bladder control he wears adult
in a whlsp all times* At the time , °full the ac
employedcidenas an
protection at h school graduate, gain Y his
plaintiff was a high He was separated from tothe
attendant with Randle -Eastern. pr chilaintiff had applied
The p
with whom he had a In sition as a police officer and was waiting
City of Miami for a Po
to be tested at the Police Academy. t and later joined
The plaintiff filed suit against
tthe he Cseller of the truck.
V Rinker truck, the designer (FWD),� mant in its favor since all
Rinker truck obtained a summary 7 g oncoming
have su
exp erts agreed that .the drivers oidtheAlfonso
h inker truck did not
of the fficient reaction time to
vehicle. on behalf
Larry Goldberg, a University Ofres tea cby«Irving Goffman,
of the Cityr reviewed the figures p
April 1, 1986
Honorable Mayor and .Members Page 2
of the City Commission -
the plainti
ff's economist. An independent neurologist examined
nosis and prognosis of minimal,
medical records of Alfonso and agreed with Barth Greens (the
the drag
plaintiff's treating doctor)
improvement of the plaintiff's present medical condition.
if an Y,
The only eyewitnesses to this imca�tent were two between Alfonso landoth;r-,
one of whom only saw the second p testimony at the
Rinker truck. The other boy gav
traffic court hearing► since a
driver for careless driving.
At
color
oyfatwolof did
notremember
Band its
co 1
e very confusinlv
citation was given to the City's the time of this trial, the then
any of the cars and confused the
occupants.
e case was tried in September, 1985 and the economist and
Th for the plaintiff testified
vocational rehabilitation experts resent money value
that it would cost approximately $3, 00 life
s present
The plaintif f' s
to support Alfonso over his 47 year life s
so
doctor (and the City's IME neurologist) hat the met cal care thatestified that he
do an if h of
would have a normal life span
plaintiff requested the sum
requires. Additionally,
$150,000 per year for pain and suffering.
lve and six
ears at
The plaintiff's mental age is between
dhisguardians. His
this time and his parents have been appo
care
ere
Parents have had to dedicate themselvsto for their anservhi es was
also a derivative claim of the parents
their son*
t the conclusion of all the evidence, the manufacturer of
A limits of $ 2.5 mill ion,
the truck, FWD, tendered its policy and pursued a
plaintiff proceeded to judgment above the $ 2.5
provided that the p Any recovery The first
claims bill against the City. and
million paid by FWD would be divided n iff in 1 its s entirety,
million dollars would go to the p
venly
an amounts over and above $1,00T a Os seller of b the i Rinker struck
Y plaintiff and FWD.
between the
settled for $5,000.
The above tactic left the City alone in the courtroom after
before closing argument. The
six days of trial and immediately
million. The City filed post
jury returned'a verdict of $lOfor new trial, for judgment in
trial motions for rehearing, and for
accordance with its mnegotiationsfor dhave taken irected verdict
since. the
remittitur. Settlement 9
been
conclusion of the trial, and the aboveCity's
expo ns have
rescheduled for hearing
twice. The City sure under the
judgment is $7.7 million because of the setoff of insurance
proceeds.
eoN
Honorable Mayor and .Members
'of 'the City Commission
April 1, 1986
Page 3
precedent for the amount of the judgment, there is the
Von Stetina, 436 So.2d 1022
case of Florida Medical Center v• Appeals
(Fla. 4th DCA ) where the Fourth District Court of
'nd bedridden, and incompetent
found that an award of $12.47 million to a woman with a 4 eteah
life expectancy as a half bl ►
erson, requiring nearly $200,000 worth of medical
cease ewas
are
p was neither excessive nor unreasonable• in its
year, which vacated the judgment
appealed to the Supreme court,
es
entirety and ruled that we need not 289. The tcase swas settled in
at this time." 10 Fla. Law We Y plus an
February, 1986 with a cash
the lengtent of h ofm he plaintiff's
annuity of $20r000 per with a 4% annual increase in the
life, or the next 47 years► the award of .damages remains
payments. Due to tlement,
unreviewed and is precedent.
ess of
Metropolitan Dade County has paiditwo 31 nemwasstonthecfamily
its municipal cap of $50,000.00. Thevalue of $1,000,000. The
of Mr. McDuffie, with a present money
Count
was
most recent one was an automobile casewhere
whcruisere through an
negligent in its driving of a police the death of parents
of a
intersection whichcWase settled for $1 9 millionpresentmoney
teenager. That case
value in 1985.
The plaintiff in this case made an original
t encountered with 1� a
P value which the Y
million present money value.
structured settlement of $500,000 present money
At this time, the plaintiff is willing to accept a
in the
hed
with an
structured settlement as set out rese t money cvaluechwithe$200,000
approximate basis of $800,000 p per year,
with
cash initial payment, compounded at the rate of 3$ p Y
guaranteed payments over a 30 year period to the plaintiff or his
e state.
14 Will
The plaintiff's attorneys
. have inearstthattseveral claims
It appears
pursue a claims bill vigorously. In
bills have been er
successful xcesss of Dade
municipals cap In
municipalities in Florida in a and the unlikelihood of
view of the litigation and trial, the City Attorney the
reversal by the Third District Court, in and
Risk Manager recommend a structured settlement
aclaimshe S
bill..� of
$800,000 as opposed to risking $7•
LAD/GC/wpc/ab/PO10
rr
RATINER & GLINN
aii,;,i'oiee'sls'o►r
tDWIN C.111ATINt"
rAANKLYN III.OLINN
PAUL NCM11140"
tPIC M.LUCKMAN
Lucia A. Doughertyr Ese.
State Attorney a
City of Miami
169 E. Flagler Street
Miami, Florida 33131
I%
4
March 21, 1986
Re: Rafael Alfonso vs. City of Miami
Case No: 81-11929 CA-24
e0 $OUTMWe ST Oslo OTRILCT
MIAMI, FLONIOA 331-20.4309
TWWHONt (305) 310*4661
Dear Ms. Dougherty:
My clients have authorized and directed
oned case.to accept the City
of Miami's offer to settle the Ve
The following represents the offer that you have extended:
1) The payment of $200,000.00 cash.
2) $2,000.00 per month for the life of Rafael Alfonso, Jr.,
with a 38 annual compound factor guaranteed for 20 years.
3).The following lump sum guaranteed payments:
Year 5, $ 30,000.00 dollars
Year 10, $ 40,000.00 dollars
Year 15, $ 60,000.00 dollars
Year 20, $ 80,000.00 dollars
Year 25, $100,000.00 dollars
Year 30, $150,000.00 dollars
4) Paymentsfrofiveiyears.GlThe,firstr in the sum Of
payment commencing one
50,000.00 per yearearo
year from the date of settlement.
If the above does not accurately reflect the offer you have
extended to my clients, kindly advise immediately.
Very truly yours,
RATINEERR a GGLINN, P.A.
ey :.
PAUL NEXIAPOK
P.Vamv