HomeMy WebLinkAboutR-85-0881J-85-806 4\
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RESOLUTION NO. 85-881
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MERCEDES RODRIGUEZ THE
SUM OF TWELVE THOUSAND DOLLARS ($12,000)
WITHOUT THE ADMISSION OF LIABILITY IN
FULL AND COMPLETE SETTLEMENT OF ALL
BODILY INJURY, PERSONAL INJURY, PROTECTION
LIENS, CLAIMS, DEMANDS AGAINST THE. CITY
OF MIAMI AND UPON THE EXECUTIO14 OF A
RELEASE RELEASING THE CITY FROM ALL CLAIMS
AND COUNTERCLAIMS AND DEMANDS.
WHEREAS, Mercedes Rodriguez filed a claim against the City
of Miami through her attorney Herman M. Klemick, Esq. for alle(Te(.
bodily injuries and pain and suffering and future medical expenses
resulting from falling as a result to a crack in the pavement
surrounding a sewer drain cover on the west side sidewalk of S.W.
.loth Avenue near S.W. 2nd Street, Miami, Florida, on September 17,
1982; and
WHEREAS, the above claim has been investigated by the Tr—)rts
Division fo the City Attorney's office and in accordance wits,
Ordinance No. 8417 which created a City of Miami self-insurance
program, the City Attorney's office together with the Ris% Manage-
ment Division of the Finance Department recommend that this cl.air..
be settled, without the admission of liability, for the sum of
Twelve Thousand Dollars ($12,000);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF TTE CIT'i
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized tc,
pay to Mercedes Rodriguez the sum of Twelve Thousand Dollar_ (S12,0C,
without the admission of liability, its full and complete settlt_•rent
all bodily injuries, past and future claims, and expenses,
demands against the City of Miami, from all bodily injury past and
futur(� claims, expenses, counterclaims and demands.
PASSED AND ADOPTED this 12th day of SEPMSBER
MAURICE A. FERRE
-- MAURICE A. FERRF, ^u y07-1 - -
CITY CON114ISSION
MEETING OF
SEP 12 1985
Wiwi t,o 85-881
REMARKS. __-
61
PREPARED AND APPROVED BY:
JORGE L. FERNANDEZ
/I ASSISTANT CITY ATTORNEY
G
APPROVED Acv TO .CORM AND CORRECTNESS:
LU A A. DOUGHkRTY
CI Y ATTORNEY
SS-8L91
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and
Members of the City Commission
FROM Lucia A. Ddugherty
City Attorney
DATE August 5, 1985 FILE L-83-142
SUBJECT Settlement of Mercedes Rodrigue:
vs. City of Miami
Circuit Court Case No. 83-25580
D/A: September 17, 1982
REFERENCES Location: West side sidewalk
of loth Ave. near S.W. 2nd St.
ENCLOSURES
Mercedes Rodriguez through her attorney, Herman Klemick, Esq.,
filed an action against the City of Miami to recover damages for
injuries received when she tripped and fell on a crack in the
pavement surrounding a sewer drain cover. The accident occurred
on the evening (7:30 p.m.) of September 17, 1982, on the west side
sidewalk of loth Avenue near S.W. 2nd Street.
As a result of the accident, Mrs. Rodriguez sustained a fracture
of the right humeral head and right humeral neck (shoulder). Dr.
Pedro Ramos, one of the attending physicians rated Mrs. Rodriguez
with a,20% disability to the shoulder resulting in a 15% permanent
physical disability to the body as a whole. The Plaintiff's
attorney originally made a demand against the City in excess of
$25,000.00 in settlement of this claim. However, Plaintiff has
agreed to accept $12,000 from the City in settlement of all claims
arising.out of this incident.
This claim has been investigated by the City Attorney's office in
accordance with Ordinance No. 8417, which created the City's Self
Insurance Program. The City Attorney's office, together with the
Finance Department, Division of Risk Management, recommend that the
City of Miami pay $12,000.00 in settlement of this claim
LAD/JLF/gfa
cc: City Manager
City Clerk
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