HomeMy WebLinkAboutR-86-0074J-86-135
2-3-86
RESOLUTION NO. 86r 74
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY MINNA BENSON, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $13,500.00
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, Minna Benson, through his Attorney, Michael N.
Tobin, Esquire, filed a claim against the City of Miami for
damages resulting from an incident in which the plaintiff
suffered serious injuries on February 14, 1981, allegedly due to
the City's negligent maintenance of the sidewalk located at the
Southeast Corner of East Flagler Street and Southeast First
Avenue, 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,
the City Attorney's Office together with Risk Management Division
of the Finance Department recommend that this claim be settled
for the sum of $13,500.00 (Thirteen Thousand Five Hundred
Dollars);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA;
Section 1. Th at the Director of Finance is hereby
authorized to pay to Minna Benson, without the admission of
liability, the sum of $13,500.00 (Thirteen Thousand Five Hundred
Dollars) 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 all claims and demands.
PASSED AND ADOPTED this 1-It-h_ day of p gglAgy 1986.
ATTE
XAVIER L UAREZ, Mayor
MAT HICITY COMMISSION
City Clerkrk
MEETING OF
FEB 13 190
RESO4UIIUN I4o. 136'r'7
REMARKS.
E
PREPARED AND APPROVED B
R4CHARD L. 'DRUKS
Assistant City Attorney
41
APPROVED AS TO FORM AND CORRECTNESS:
—LU--C--IA A. DOUGHERTY
City Attorney
RLD/WPC/md/P001
-2-
86--74
IG
lionorable Mayer and Members
February 3, L986
GL-81-042
(if the City Commission
L-83-149
Minna Benson vs. City
83-30516 CA-21
of Miami
Case No.
Lucia A. Dougherty
L/A: S. E. Corner of
Fast
City Attorney
Flag.le-r Street & S. E.
lst
Y
Avenue,
At
?
J
Plaintiff, Minna Benson, by and through her attorney, Michael N.
Tobin, has sued the City of Miami for negligent maintenance of
the sidewalk on Flagler Street, resulting in a slip and fall and
a broken shoulder to the plaintiff.
The circumstances of this incident are that on February 14, 1981,
the plaintiff was walking in the area of the Southeast corner of.
East Flagler Street and Southeast 1st Avenue when she allegedly
slipped and fell on a loose the on the sidewalk. Plaintiff's
attorney appears sufficiently prepared to prove notice or
constructive notice of loose sidewalk tiles in the direct
vicinity of this incident. As a direct consequence of the fall
plaintiff sustained a fractured shoulder and incurred medical
expenses in the amount of $1,103.00. She received a 10%
permanent disability rating from the expert orthopedist hired by
the defense to evaluate her injuries. Plaintiff was also unable
to work for several weeks resulting in a wage loss claim of
approximately $1,500.00.
This claim has been investigated by the City Attorney's Office in
accordance with Ordinance No. 3417, which created the City of
Miami's Self -Insurance Program. The City Attorney's Office
recommends that the City of Miami pay on behalf of itself the sum
of $13,500.00 to settle this claim, and the Risk Management
Division agrees and recommends this settlement.
LAD/RLD/wpc/md/P002
Enclosure: Resolution Attached
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