HomeMy WebLinkAboutR-85-07721"W���
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RESOLUTION NO, 85"772
A RESOLUTION AUT146RI%tNG THE DIRECTOR OF
PINANCE TO PAY TO FAUSTO ALVA!18L THE SUM OF
TWELVE THOUSAND SEVEN HUNDRED PIPTY bOLLARS
($120SO:00) %tTH UT THE ADMISSION OF
LIABILITY IN POLLt AND COMPLETE SETTLEMtNT OF
ALL RROPPRTY DAMAS» CLAIMS, CLAIMS AND
bEMANDS AGAINST THE CITY OP MIAMI, UPON
EXECUTION CAE A RE1_EASE PEL8ASINO THE CITY
FROM ALL CLAIMS ANO 08MAND8.
WHEREAS, Eeusto Alvarez# filed a claim against the City of
Miami for damages resulting from an accident in which the
plaintiff suffered Serious injuries► allegedly due to the City's
negligence in the maintenance of Said City park; and
WHEREAS# the above claim has been litigated by the Torts
Division of the City Attorney's Office, and after a thorough
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review by the Torts Committee of the facts involving this case,
and in accordance with Ordinance No. 6417 which created a City of
Miami Self -Insurance Program, the City Attorney's Office together
with Risk Management Division of the Finance Department recommend;
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that this claim be settled without admission of liability for the
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sum of Twelve Thousand Seven Hundred Fifty Dollars ($12,750.00).
WHEREAS, the City Attorney, recommends that these claims
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against the City be settled for the sum of Twelve Thousand Seven
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Hundred Fifty Dollars ($12,750.00);
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 Fausto Alvarez the sum of Twelve Thousand Seven hundred
Fifty Dollars ($12,750.00) in full and complete settlement of all
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00dil r injury# personal injury protection liens? property damage
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pia rya, l ims and demands wI t"Out the admission or liability and
upon execution of a reie4se releasing the City from aid. claims,
and demanda.
PASSED AWA ADOPTED thin 18th day Of Jul
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idauriee A. Ferre
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GISELA CARDONNE
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btpUty City Attb fie
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APP B C FORM AND COHRECM88
LUCIA Ao bO.YHHRTY
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City Attoti
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The Hdbotable Maydtr June, , 198L�1g9
Mauf a to j and fthbers
cif he City OofKmission Pausto Alva yet vs. City dt
Case No, 81-27682
�=---�� ti ent : Parks btpartmont
�. Lue a A. D6Ughett
City Attorney
The claimants Pausto Alvaret, was a 17 year old boy at the
time of the accident, is presently a student and makes a very
good witness according to the records in the file.
On November 3, 1980, he was playing baseball at a City of
Miami 'Park, when he claims that as he attempted to catch a ball
his left foot caught in a hole in the base path between home and ;.
third base. He describes the hole as being approximately one '
foot in diameter and four to five inches deep. He claims that he
did not see the hole prior to the slide and that it definitely
was not the usual hole caused by might handed batters digging
their left foot into the batter's box for better traction.
The City would have presented at trial one witness who was
very difficult to locate sinceshewas a temporary employee and - °}
who did not remember anything regarding the -inspection of the
park. There is a statement signed by her that a prior inspection
of the park revealed: no such hole. The claimant would have
presented testimony from another student who said that the hole
had been inexistence for quite some time, at least two to three'
<` weeks prior to the date of this accident. A'
The claimant suffered a fracture to the left ankle which
required four pins, and repair of torn ligaments. He was treated5„
by Dr. Mensch, a very conservative doctor, who continued
treatment for approximately one year after the accident. There
are no lost wage claims. His present complaints are that he
,. cannot participate in any type ,T
of sport that requires pressure on
the ankle since it will swell up and cause pain. He is presently
a junior in the Business School at Tulane University, and a- ,
member of the Latin American Student Association. He appears:~
F' intelligent and fairly articulate on deposition.
The defense of this case was previously handled by counsel
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for Ambassador Insurance, which went into receivership and the.
n, 74.
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the Honorable May6t� M dfidt Perre, June 2S, 1985
and MdMbet's of the City C6tMission page 2
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the was then transfetted to the Law Department. The ffiedieals of
the claimant include.
Morey Hospital �2,910:y5
r. Mensh l,le4.00
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Or, Suareg Orthopedic 100.00
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Or. Mensch assigned a medical impairment of 10% to the left
legs
At the commencement of the cases the high school with which
he was playing the gate, gelen High School, had been joined as a
party defendant, but the 'plaintiff settled with that defendant,
leaning the City as the sole defendant. The settlement between
the plaintiff and the high schoolp of courter cannot be intro-
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duced into evidence.
In a similar case, where the plaintiff was injured by a
defectively secured base, the County settled for $25,000 after
the Third District reversed an order setting aside a jury verdict
in favor of the plaintiff in the sum of $89#695.00. The Third
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District stated that under facts similar to those in this cases
the case would have to be decided by a jury and not a judge. The
plaintiff in that case had only suffered a 7 1/2% permanent
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partial disability of the leg, which is less than the plaintiff's
disability here and yet the jury in that trial returned an
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$89,000 verdict.
We recommend adoption of the attached resolution which will
permit, that the case be settled for the sum of $12,750 with each
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party to bear his own costs.
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