HomeMy WebLinkAboutR-85-11904%
J-85-1204
12/3/85
RESOLUTION NO. S`J -119
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO WALTER CANTALOW AND OTHERS
ON HIS BEHALF, THE SUM OF TWELVE THOUSAND ONE.
HUNDRED EIGHTY ONE DOLLARS AND EIGHTY SEVEN
CENTS ($12,181.87), WITHOUT THE ADMISSION OF
LIABILTTY, IN FULL AND COMPLETE, SETTLEMENT OF
ALL BODILY INJURY, PERSONAL IN,TURY PROTECTION
LIENS, WORKERS' COMPENSATION LIENS, CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI AND
UPON EXECUTION OF A RELEASE, RELEASING THE
CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Walter Cantalow, through his attorneys, Kurzban,
Kurzban & Weinger, originally filed a claim against the Equitable
Life Assurance Society of the U.S., which serves as the City's
group health insurance administrator. The Equitable's
involvement is that in accordance with its in -house -guidelines,
it reviewed the claim and denied payment of benefits to Walter
Cantalow, a City employee as a result of an "accident". The
claim was later amended to name the City of Miami as the
Defendant. Mr. Cantalow was injured by way of a gunshot wound
that occurred when he was the aggressor in a neighborhood
argument (date of incident l/l/82). The E.quitable's guidelines as
referred to above, do not permit them to make payments where an
individual is the aggressor; however, the City's group insurance
policy and the booklet describing same, which is distributed to
the employees does not provide for such a coverage exception.
Although charged with aggravated battery, the charges against Mr.
Cantalow were later nolle prossed by the State Attorney's
office; and
WHEREAS, the above claim has been investigated by the Torts
Committee of the City Attorney's office and in accordance with
Ordinance No.84-17, which created the City of Miami's self-
insurance program, the City Attorney's office recommends that
this claim be settled without any admission of liability for the
CITY COMMISSION
MEETING OF
DEC 19 1985
ii
sum of Twelve Thousand One Hundred Eiqhty One Dollars and Eighty
Seven Cents ($12,181.e7), the issue of attorney s fees remains
open and will be resolved by the Court at a hearing to be held in
the near future.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to Walter Cantalow and others on his behalf,
the sum of Twelve Thousand One Hundred Eighty One Dollars and
Eighty Seven Cents ($12,181.87), without any admission of
liability in full and complete settlement of all bodily injury,
personal injury protection liens, workers' compensation liens,
claims and demands against the City of Miami, excepting
attorney's fees, upon execution of a release, releasing the City
of Miami from all bodily injury, personal injury protection
liens, workers' compensation liens, and claims and demands.
PASSED AND ADOPTED this 19th day of Decemberâ–º1985.
ATTEST:
XAV ER SUAREZ , MAYOR
MATTY HIRAI
CITY CLERK
APPROVE
RM AND CORRECTNESS:
LUCIA A. DOUGfIERTY
CITY ATTORNEY
LMF/cm/129
85 -1190
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Honora4l,e Mayor and Members
of t>f City Commission
tUrb'ia A. ougherty
City Att rney
R,,
December 3, 1985 L-83-151
DATE �'LE
Cantalow v. City of Miami
51_,B:L :'Case No. 83-11740 CC 05
R ELF RF N,, LS
F N'- LOSURFS
Plaintiff, Walter Cantalow, filed his claim against the
Equitable Life Assurance Society of the U.S., which serves as the
City's group health insurance administrator. The Equitable's
involvement is that in accordance with its in -house -guidelines,
it originally denied payment of benefits to Walter Cantalow, a
City employee as a result of an "accident".
The facts of the case are that Mr. Cantalow, a City employee
was injured by way of a gunshot wound that occurred after he was
the aggressor in a neighborhood argument (date of incident
l/1/82). The Equitable's guidelines as referred to above, do not
permit them to make payments where an individual is the
aggressor; however, the City's group insurance policy and the
booklet describing same which is distributed to the employees
does not provide for such a coverage exception. Additionally,
although charged with aggravated assault, the charges against Mr.
Cantalow were nolle prossed by the State Attorney's Office.
Medical bills attributable to the incident are Fifteen
Thousand Thirty Nine Dollars and Fifty Nine Cents ($15,039.59)
and Plaintiff is also seeking attorney's fees and costs totalling
Two thousand Nine Hunred Dollars ($2,900.00). All of the medical
bills and other damages have been verified as to correctness.
After extensive discussions and negotiations, the matter can now
be settled for Twelve Thousand One Hundred Eighty One Dollars and
Eighty Seven Cents ( $12,181.87), representing approximately 80%
of the medical bills incurred plus One Hundred and Fifty Dollars
($150.00) for costs expended by Plaintiff's attorneys. The issue
of attorney's fees remains open, and will be resolved by the
Court at a hearing to be held in the near future.
This claim has been investigated by the City Attorney's
office in accordance with Ordinance No. 8417, which created the
City of Miami's self -insured program. The City Attorney's office
recommends that the City of Miami pay Twelve Thousand One Hundred
Eighty One Dollars and Eighty Seven Cents ($12,181.87) to settle
this claim.
LAD/r
/128
Enc. (Resolution)
85-1190