HomeMy WebLinkAboutR-85-10841b
{
E
J-85-1048
10/17/85
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY MARTHA CLARK, THE SUM OF SEVEN
THOUSAND FIVE HUNDRED DOLLARS ($7,500),
WITHOUT THE ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS, CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, UPON
EXECUTION OF A RELEASE RELEASING THE CITY OF
MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Martha Clark, through her attorney, filed a suit
against the City of Miami for damages resultinq from an accident
in which the plaintiff suffered bodily injuries when she fell on
August 25, 1982 allegedly due to the City's negligence in the
maintenance of a City right-of-way in the vicinity of Northeast
17th Avenue and 9th Street, Miami, Florida; and
a WHEREAS, the above accident has been investigated by the
1
a Torts Division of the City Attorney's Office, and, in accordance
with Ordinance No. 8417 which created the City of Miami Self -
Insurance Program, the City Attorney's Office, together with the
a
Risk Management Division of the Finance Department, recommend
that this case be settled without admission of liability for the
sum of Seven Thousand Five Hundred Dollars ($7,500);
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 Martha Clark the sum of Seven Thousand Five Hundred
Dollars ($7,500), without the admission of liability, in full and
complete settlement of all bodily injury, personal injury
protection liens, property damage claims, claims and demands
against the City of Miami, upon the execution of a release
releasing the City of Miami from all claims and demands.
PASSED AND ADOPTED this 24th day of OCTOBER , 1985.
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
F
COUr4ISSIONEE91fI'MO OF
OCT 24 1985
11MS0LUT10'485-10 No _
N
f
PREPARED AND APPROVED BY:
GISF� A CARDONNE
DEP TY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
i
� LUCIA A. DOUGHERTY
} CITY ATTORNEY
3
CG/rr/md
Y.'
8Lf-1084
u
Honorable Mayor and Members
of the City Commission e44,
t
October 17, 1985
Settlement of Martha Clark v.
City of Miami (Circuit Court)
D A: 8 25 82
Location: N. W 17 St. and 9 Ave.
cia . o g er y
City Attorney Commission Agenda of 10/10/85
f (1)
Martha Clark, an unmarried individual, filed an action against the
City to recover damages for injuries received when she tripped and
fell while crossing the street at N.W. 17th Street and 9th Avenue,
Miami, Florida, on August 25, 1982.
The accident was allegedly due to a depression in the street
surface caused by uneven settling of a utility cover located in
the street.
As a result of the accident, Ms. Clark sustained a fractured ankle
with some degree of residual impairment. Medical bills were
incurred in the amount of $3,354.62. The utility company has
offered the plaintiff $7,500 and the City's prior knowledge of the
defective street condition dictates that the City offer a
settlement in a like amount of $7,500. The case is scheduled for
trial during the week of November 4, 1985 and our recommendation
for adoption of this proposed settlement resolution is predicated
on the likelihood of a jury verdict in a far greater amount.
i
1 LAD/RFC/rr/213
City Manager