Loading...
HomeMy WebLinkAboutR-85-11884`. h*' i J-85-11-55 �- 11-26-85 f RESOLUTION NO. �y'"liS� A RESOLUTION AUTHORIZING THE DIRECTOR OF - FINANCE TO PAY TO EMILE SEVERE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANNETTE SEVERE, THE SUM OF THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS ($36,500.00) WITHOUT THE, ADMISSION OF LIABILITY, IN FULL, 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, Emile Severe, as personal representative of. the Estate of Annette Severe, filed a claim against the City of. I:f I Miami, for damages allegedly due to the City's negligence in which Annette Severe suffered serious injuries resulting in death; and WHEREAS, the above claim has been investigated by the Torts Division of the City Attorneys Office and litigated and in r, accordance with Ordinance No. 8417 which created a City of Miami k self-insurance program, the City Attorney's office, together with Y` the Risk Management Division of the Finance Department recommend that this claim be settled, without the admission of liability . sti for the sum of Thirty Six Thousand Five Hundred Dollars ($36,500.00); and WHEREAS, the laity Attorney recommends that these claims against the City be settled for the sum of Thirty Six Thousand t Five Hundred Dollars ($36,500.00); N' NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY s ' OF MIAMI, FLORIDA: ' Section 1. The Director of Finance is hereby authorized to pay to Emile Severe, as personal representative of the Estate of Annette Severe, the sum of Thirty -Six Thousand Five Hundred x ., Dollars ($36,500.00) in full and complete settlement of all CITY COMMISSION MEETING OF DEC 19 1995 Oil No. 85_1 bodily injury, personal injury protection liens, hospital liens, property damage claims, attorneys' fees, costs and any and all other claims and demands without the admission of liability and upon execution of a release releasing the City from all claims and demands. PASSED AND ADOPTED this 19th day of December ► 1985. VIER L. SUA EZ, MAYOR ATTEST: M TY HIRAI CITY CLERK PREPARED AND APPROVED BY: GISELA CARDONNE DEPUTY CITY ATTORNEY APPROVE A TO FORM AND CORRECTNESS: LUCIA A. 6OUGHERTY CITY ATTORNEY GC/md/B156 - 2 - 845-11 V V 1 ((©©��RR OW i INTER-C)F-FICE ME1 0r;?A`.iUtJM Honorable Mayor. and Mpmhers Nt)'7emh�-r 2 7 1985 r of theTommission Settlement of Annette Severe vs. City nf Miami n/A- 1---30-84 Lucia A. herty Location! 255 N. W. 57 Street City Att rney Miami, Florida r(.)mmi ssion Agenda of. 12/12/85 This incident involves a rescue by the City of Miami Fire Paramedics Team on January 30, 1984. The first report was that of a possible heart_ attack. When the rescue crew arrived the vital signs were taken, but not noted in a report subsequently filed. The blood pressure showed 100/40. There was a language problem since the patient was Haitian and spoke little or no English. There was only one person in the house who was able to communicate with the paramedics. A second alarm received approximately three hours later produced a second visit by the crew, and at this time no vital signs were taken and the crew departed. The members of the family finally took the patient to Jackson Memorial Hospital were she died within two hours of a ruptured e ctopic pregnancy. The City of Miami Rescue Squad would have had no way of detecting a possible ectopic pregnancy. The patient denied the specific question as to whether she was pregnant and simply admitted a#. having a difficulty in voiding. The plaintiff is represented by Michael Felton who has supplied the City with affidavits of support by the decedent to the family. 'F The plaintiff's theory is that the City was negligent and that = it failed to have a policy to transport in a life -threatening situation, in violation of decedent's civil riqhts. Our municipal cap is $100,000/$200,000. A jury verdict could easily exceed $500,000. Under a civil rights theory the municipal cap would not apply. w The original demand was $160,000.00 and the plaintiff's attorney is willing to settle for $36,500.00. Upon review of the Torts , . Committee we recommend that the claim be Settled for that amount. LAD/GC/md/8155 cc: City Manager