HomeMy WebLinkAboutR-85-0602may 1S4 11`85
'MOLUTION No.85-60
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO BRIAN HERSH THE SUM OF FIFTEEN THOUSAMb
bOLLARS ($15oOOO,00) WITHOUT THE ADMISSION OF LIA-
MITY IN FULL, AND COMPLETE SETTLEMENT OF ALL
EObILY INJURY, PERSONAL INJURY PROTECTION LIENS,
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, Brian Hersh, filed a claim against the City of Miami
for damages resulting from an accident in which Brian Hersh suffered serious
injuries, a fractured leg, when he tripped on a City sidewalk located at the
West sine of 27th Avenue at the intersection of Tigertail Avenue, allegedly
due to the City's negligence in the maintenance of said sidewalk; and
WHEREAS, the above claim has been litigated by the Torts Division
of the City Attorney's Office, and after a thorough review by the Torts
Committee of the facts involving this case, it was unanimously agreed that
it is in the best interest of the City to settle same for the sum of Fifteen
Thousand Dollars ($15,000.00), since if the case went to a jury trial, a
verdict could easily exceed our statutory limit; and
WHEREAS, the City Attorney recommends that these claims against
the City be settled for the sum of Fifteen Thousand Dollars ($15,000.00);
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
`r. to Brian Hersh the sum of Fifteen Thousand Dollars ($15,000.00) in full and
complete settlement of all bodily injury, personal injury protection liens,
'T property damage claims, 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 13 day of June ,1985.
TEST: (-/•
RALPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY;
A4 62
G ELA CARDONNE
DEPUTY CITY ATTORNEY
C ) MAURICE A. FERRE,
APPROVED 66 TO/FDAM AND CORRECTNESS:
44wv.�.ss no VWWW
CITY ATTORNEY
CITY COMMISSION
MEETING OF
JUN 13 1985
SOLU110n ,4a.85-602
MARKS,
4*
CitY O'i~ MIAMI, PLORIbA
iwtV440PIrIcIE MIEMOkAN UM
ro The Ho beibVaurice A. Perre DATE May 15, 1'985 iL� h=81-91
at►d ►r the City toff nieaibn
Subic, Hriah Hersh va. City of Miami;
01
et 41.1 Case No. 81-12942
�publie Votks Hepattment)
con � REFERENCES
City Attorney ENCLOSURES
Brian Hersh is a Miami trial attorney with primarily a personal injury and divorce
practice. He is 43 years old, with a 29.5 years life expectancy.
On July 14, 1979, he fell on a defective sidewalk causing him to sustain a fracture
of his left tibia and fibula in mid -shaft.
A closed reduction was performed at the Coral Reef General Hospital by Dr. Peter
Millheiser, a board certified orthopedic surgeon. A long leg cast was applied
and he was discharged from the Coral Reef Hospital on or about July 16, 1979,
non=weight bearing and was confined to a wheelchair and ultimately to crutches.
His physicians assigned the following disabilities:
1. Dr. Thomas Taylor - five percent (5%) permanent partial
disability to the body as a whole;
2. Dr. Peter Millheiser - five percent (5%) permanent partial
disability to the body as a whole;
3. Dr. Elwin Neal (court appointed doctor) ten to fifteen
percent (10 - 15%) disability of the body as a whole;
His total out-of-pocket expenses for medical providers and transportation are as
follows:
1. Coral Reef General Hospital $ 364.20
2. Pathologist Consultants, P.A. 4.50
3. Coral Reef Radiology Associates, P.A. 33.00
4. Millheiser & Steiner, M.D.'s 1,380.00
5. Randle Medical Sales and Rentals, Inc. 59.00
6. Thomas A. Taylor, D.C. 1,240.00
7. Acupuncture and Physical Therapy 40.00
8. John Huston (Driver) 882.37
TOTAL $ 4,050.27
i
Th'@
flab cable Mauriee A. VC'r a
May
15, 1085
and
Mambera of the pity Comissioa
page
Two
ha,
gtian Hersh Vs. City of Miami,
Ot al. , ease No.
81-12042
His loss of wages as documented by the tax returns and information supplied
by his accountant and law partner, Mr. Bernstein, indicate an out-of-pocket
loss during the six month period of time that he was totally incapacitated
and partially incapacitated is in the sum of $15,357.70. These figures
were taken from a computation of his 1976, 1977, 1978, 1979, 1980, and
1981 tax returns indicating that during the six month period of time that
he was incapacitated because of the full leg cast that he suffered a loss
in the amount (a net loss) in the amount of $15,357.70.
Mr. Hersh is left with a permanent disability that he claims interfered
with his ability to: jog, roller skate, snow ski, play racketball and basket-
ball.
Linda Hersh, the wife of Brian Hersh, has dropped her claim for damages
against the City, which were based on a loss of consortium claim.
Mr. Hersh makes a very credible witness, so does his partner, Mr. Bernstein.
Early in the case, the adjoining building landowner was allowed to be
dismissed from the case, which decision was affirmed by the Third District
Court of Appeal. This leaves the City of Miami as a sole defendant.
I recommend that the case be settled for the sum of Fifteen Thousand Dollars.
LAD: GC: ia
85-602