HomeMy WebLinkAboutR-86-00030 0
J-86-14
12/31/85
RESOLUTION NO. S(, "-0.:
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENTER INTO A SETTLEMENT OF PENDING LITIGATION
BETWEEN THE CITY AND LORENZO CABRERA AND HIS
WIFE, ILEANA CABRERA, IN CIRCUIT COURT CASE
NO. 81-11973 (A-10) ARISING OUT OF AN
ACCIDENT IN A CITY -OWNED PARK WHERE LORENZO
CABRERA SUFFERED PERSONAL INJURIES, SAID
SETTLEMENT CALLING FOR PAYMENT OF $22,735.00
AND BEING CONDITIONED UPON THE DISMISSAL OF
THE LAWSUIT AND THE EXECUTION OF SUCH
DOCUMENTS AS REQUIRED BY THE OFFICE OF rHE
CITY ATTORNEY.
WHEREAS, the City of Miami and Lorenzo and Ileana Cabrera
are involved in litigation known as Circuit Court Case 81-11973
(CA-10) arising out of an accident in a City -owned park where
Lorenzo Cabrera suffered serious bodily injuries; and
WHEREAS, it is mutually beneficial to both parties to settle
this lawsuit as recommended by the City Attorney without an
admission of liability on the part of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA.
Section 1. The City Attorney is hereby authorized to
settle the case of Lorenzo and Ileana Cabrera, his wife, v. City
of Miami, Circuit Court Case 81-11973 (CA-10) in the amount of
$22,735.00. This authorization is conditioned upon the dismissal
of the above lawsuit and the execution of certain settlement
documents as required by the Office of the C'ty Attorney.
PASSED AND ADOPTED this day of 1986.
X VIER L. SUAR• , MAYOR
A
T TTTY HIRAI
(^ CITY CLERK
PREPARED AND APPROVED BY:
i tf •} 1 i���
JOHN J. COPELAN, JR.
5? .
DEPUTY CITY ATTORNEY
....,
LAD/JJC/wpc/ab/B6 29
EUCIA A. DOUGH
CITY ATTO RN E Y
FORM AND CORRECTNESS:
CITY C , . �PdiSSION
NC; OF
JAN 99 iM
SF�'-ri
Honorable Mayor and Members December 31 1985
of the City Commission '
Lucia A. Dou7'Ae
City Attorney
Lorenzo Cabrera and Ileana
Cabrera v. City of Miami
Circuit Court No. 81-11973(CA-10)
Resolution
The City of Miami was involved in a four day trial wherein
Lorenzo Cabrera and Ileana Cabrera sued the City for an incident
which occurred on a softball field in a City of Miami park. The
cause of action which went to the jury was on the issue of
negligent maintenance and supervision of the playing field by the
City of Miami. Mr. Cabrera was injured in an accident which
occurred on the softball playing field at Douglas Park and he
sued the City for negligence along with claim for consortium by
his wife, Ileana Cabrera. The Cabrera's also raised a issue of
contract law but the Court did not instruct the jury on that
issue. The damages in this case are substantial and the City had
an independent medical examination performed on the plaintiff
which rendered the plaintiff an 8% disability.
At trial, after deliberation, the jury came in with a
verdict of $150,000.00 damages to Lorenzo Cabrera and $10,000
damages to Ileana Cabrera. The percentage of comparative
negligence by the jury was apportioned between the City of Miami
and Lorenzo Cabrera as follows: The City of Miami 80%, Lorenzo
Cabrera 20%. Because of the limitations of Florida Statute
768.28, the City argued that the maximum statutory amount
recoverable was $58,000. After the trial, the City of Miami made
a motion for a new trial and after a hearing, the court has
ordered a new trial on the basis of sympathy. The signed order
for a new trial from the Court has not yet been received and the
plaintiff after the hearing offered to settle the case for the
statutory amount of $58,000. After further settlement
negotiations, plaintiffs have agreed to accept the amount of
$22,735.00.
At retrial, it is anticipated that the Plaintiff will again
ask for $250,000 in damages and while to retry the case will give
the City another opportunity to reargue the liability question
which is the strongest part of our case, because of the damages
involved however, and the sympathy factor, I would recommend that
8I �...4J
Honorable Mayor and Members December 31, 1985
of the City Commission Page 2
we settle the case for the amount of $22,735.00 prior to such
time as the Plaintiff appeals the Court's Order for a new trial
and prior to the time in which the case has to be retried.
LAD/JJC/wpc/ab/B628
Enclosures (Resolution)
CC: Cesar H. Odio, City Manager
SEA-5