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HomeMy WebLinkAboutR-85-0245J-85-235 RESOLUTION NO. 85--245 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARIA ARGUELES AND NILO ARGUELLES, INDIVIDUALLY AND AS HUSBAND AND WIFE THE AMOUNT OF $9,0009 WITHOUT THE 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 AND PEDRO PORFIRIO CARTAYA, AND UPON EXECUTION OF RELEASE RELEASING THE CITY OF MIAMI AND PEDRO PORFIRIO CARTAYA FROM ALL CLAIMS AND DEMANDS. WHEREAS, Maria Arguelles and Nilo Arguelles, individually and as husband and wife have filed a claim against the City of Miami and Pedro Porfirio Cartaya for alleged bodily injury resulting from r a motor vehicle accident wherein Maria Arguelles was a passenger in a vehicle involved in a collision with a City of Miami Fire Department vehicle on June 16, 1984, at S.W. 55th Avenue Road and S.W. 2nd Street, Miami, Dade County, Florida; and WHEREAS, the above claim has been investigated by the Risk Management Division in accordance with Ordinance No. 8417, which created the City of Miami's Self -Insurance Program, and the said Division, together with the City Attorney, recommend that this claim be settled, without the admission of liability, for the sum of $9,000; 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 Maria Arguelles and Nilo Arguelles, individually and as husband and wife the sum of $9,000, without the 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 and Pedro Porfirio Cartaya, upon the execution of a release releasing the City of Miami and Pedro Porfirio Cartaya from all bodily injury, personal injury protection liens, workers' compensation liens and claims and demands.) IS IS Q CITY COMM MEETING OF i x S ; 3 i Maurice A. Fe re M A Y O R a ATTEST: � LPH ONGIE, CITY CLER " PREPARED AND APPROVED BY: DEPUTY .IT ATTOR EY APPROV TO M AND CORRECTNESS: ._e LUCI DO ERT CITY ATTORNEY 85-245 IIY C1F Mini-il, F'i,_!1fdIDA IMTE-R-OFFICE MEMORANDUM Honorable Mayor Members of the City _ComEE Asion Lucite A. Doug City Attorney Ci A TE February 26, 1985 :1LE V84-129 Maria Arguelles & Nilo Arguelles, individually & as husband and wife vs City of Miami & Pedro Porfirio Rf,F1 RENCES Cartaya D/L: 06-16-84 E JNCI OSURFS L/L: 55 Ave. Rd. & S.W. 2 St. Maria Arguelles and Nilo Arguelles, individually and as husband and wife have filed a claim against the City of Miami, involving personal injuries. This incident occurred at approximately 10:15 a.m. on June 16, 1984 at the intersection off S.W. 55th Avenue Road and S.W. 2nd Street. Mrs. Arguelles was a passenger in the claimant vehicle seated in the right front as it headed southwest on 55th Avenue Road towards S.W. 2nd Street. This intersection is controlled by a stop sign. The City vehicle operator came to the stop sign;r stopped, saw nothing approach and proceeded into the intersection. The City vehicle struck the claimant's vehicle on the right side in the intersection. Liability is adverse to the City of Miami. Mrs. Arguelles did not receive treatment at the scene but, was taken to Jackson Memorial Hospital where she was examined and treated in the emergency room. Examination at Jackson supports a fracture of the humeral head of the left shoulder. She received treatment on an intermittent basis but, was not admitted. The hospital bill was $807.00. During this time Dr. Ignacio Coro, Orthopedic, treated the claimant for her injuries. His diagnosis was consistent with a fracture of the humeral head in addition to sprain of the cervical spine. His bill for services was $635.00. As a result of injuries in this accident Dr. Coro rates Mrs. Arguelles with a 6 to 8 per cent permanent partial disability tot he body as a whole. Total medicals were $1,442.00. All medical expenses have been verified as to being correct and reasonable. This matter can be settled for $9,000.00. The above claim has been investigated by the City Attorney's Office in accordance with Ordinance No. 8417 which created the City of Miami self-insurance program, and said office together with the Risk Management Division of the Finance Department recommends that the City of Miami pay $9,000.00 in settlement of this claim. /vmc cc: City Manager City Clerk e5-245.