HomeMy WebLinkAboutR-86-0002J-86-4
RESOLUTION NO. SG-2
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ELIO TANG, JR., THE SUM OF
SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500.00)
WITHOUT THE ADMISSION OF LIABILITY IN FULL,
AND COMPLETE SETTLEMENT OF ALL PROPERTY
DAMAGE CLAIMS, CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, UPON EXECUTION OF A RELEASE
RELEASING THE CITY FROM ALL CLAIMS AND
DEMANDS.
WHEREAS, Elio
Tang, Jr.,
filed
a claim against
the City
of
Miami for damages
resulting
from
an incident in
which
the
plaintiff suffered serious injuries, allegedly due to the City's
negligence in the supervision of its dog, Ranger; and
WHEREAS, the above claim has been litigated by the Torts
Division of the City Attorney's Office, and after a Lnoruu9n
review by the Torts Committee of the facts involving this case,
and in accordance with Ordinance No. 8417 which created a City of
Miami Self -Insurance Program, the City Attorney's Office together
with Risk Management Division of the Finance Department recommend
that this claim be settled without admission of liability for the
sum of Six Thousand Five Hundred Dollars ($6,500.00).
WHEREAS, the City Attorney recommends that these claims
against the City be settled for the sum of Six Thousand Five
Hundred Dollars ($6,500.00);
i
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA;
Section 1. The Director of Finance is hereby authorized
to pay to Elio Tang the sum of Six Thousand Five Hundred Dollars
($6,500.00) in full and complete settlement of all bodily injury,
personal injury protection liens, property damage claims,
claims and demands without the admission of liability and upon
execution of a release releasing the City from all claims and
demands.
CITY COM;NINSION
MEETING' OF
JAN 9 1966
Q
ON ov 1p- —
PASSED AND ADOPTED this 9th day of JANUARY
1986.
F17
XA)?IER L. 9UAREZ Mayor
ATTFIT:
KXTTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
GfISELA CARDONNE
Deputy City Attorney
APPROVED S, 0 FORM AND CORRECTNESS:
APPROVED
LUMA A. DOU HERTY
City Attorney
GC/md/B189
-2-
CITY OF MIAMI, FLORIDA
INFER -OFFICE MEMORANCIUM
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TO. Honorable Mayor and Members oArE: December 26, 1985 FILE: L-84-138
of the Ci.tp Commission
SUBJECT:
.t Elio Tang, Jr. vs. City of Miami
Case No. 84-33528 CA-04
FpoM: Lucia A. Do ghe rt y REFERENCES:
City Attorney
ENCLOSURES:
This case arose out of the dog bite suffered by the plaintiff
Elio Tang. The plaintiff was visiting his brother-in-law,
Officer Viera, who was a trainer with the canine unit. The
plaintiff had visited the officer's house for a period of
approximately one year and knew that the dog was in the house.
There was no bad dog sign, and the officer did not have any home
owner's insurance.
The plaintiff is represented by Murray Yanks and the case was
scheduled for trial for December 12, 1985.
The City is liable because there was no bad dog sign which would
have precluded liability. There was at least a 25-30%
comparative negligence by the plaintiff. The dog began snarling
and unprovoked jumped to the plaintiff and tore off some scalp.
He was in good physical condition before the accident. He was
hospitalized
for four days as the result of the dog bites on the
scalp area.
He incurred medical bills of approximately $2,300.00
and although
he did not receive a permanency rating, the claim
for pain and
suffering would be considerable.
rz
The plaintiff
will settle for $6,500.00. I recommend settlement
%:
in the sum of
$ 6, 5 00.0 0.
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GC/md/B193
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