HomeMy WebLinkAboutR-85-0273J-85-208
3/4/85
RESOLUTION NO. 85-273.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MAN UEL PARDO INDIVIDUALLY
AND AS PERSONAL REPRESENTATIVE OF THE ESTATE
OF EDITH PARDO THE AMOUNT OF ONE HUNDRED AND
TWENTY TWO THOUSAND DOLLARS ($122,000.00)
WITHOUT ANY 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 EXECUTION OF A RELEASE RELEASING THE CITY
FROM ALL CLAIMS AND COUNTER CLAIMS AND
DEMANDS EXCEPT THE PUBLIC HEALTH TRUST LIEN
WHICH SHALL BE PAID SEPARATELY BY THE CITY IN
AN AMOUNT NOT TO EXCEED $11,655.00.
WHEREAS, Manuel Pardo as personal representative of the
Estate of Edith Pardo, and in his claim as her surviving spouse,
and in his individual claim against the City for his own injuries
arising out of an accident on November 25, 1983, filed a claim
against the City of Miami through his attorney Stephen Tarr for
the alleged wrongful death of said Edith Pardo and for his own
injuries resulting from an automobile accident with a vehicle of
the Miami Police Department driven by a City of Miami Police
Officer.
WHEREAS, the above claims have been investigated by the
Torts Division of the City Attorney's Office and in accordance
with all the facts and circumstances involving the complexity of
this case, the said office recommends that these claims be
settled for the sum of One Hundred Twenty Two Thousand Dollars
($122,000.00) plus assumption of a Public Health Trust lien;
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
Manuel
Pardo the sum
of One
Hundred Twenty Two
Thousand Dollars ($122,000.00) in full and complete settlement of
all bodily injury, personal injury property liens, property
CITY COMMIS pSI N
MEETING OF
MAR 21 1985
„,J.85-273
BF.MA12N5
i
4
0
damage claims, claims and demands against the City of Miami upon
execution of a release releasing the City of Miami from all
bodily injury, personal injury protection liens, property damage
claims, claims and demands except the Public Health Trust lien
which shall be paid separately by the City in an amount not to
exceed $11,655.00.
PASSED AND ADOPTED this 21st day of March , 1985.
j Maurice A. Ferre
MAURICE A. FERRE
MAYOR
TEST:
.f
RA PH G. ONGIE
City Clerk
PREPARED AND APPROVED BY:
G SELA CARDONNE
Deputy City Attorney
APPROVED-'0 FORM AND CORRECTNESS:
u vvica c.• a+vvy
City Attorney
LAD/GC/MJC/wpc/ab/105
2 55-2
i CITY OF MIAMI. FLORIDA
3050 INTER -OFFICE MEMORANDUM
Honorabl ayor and Members February 20, 1985 L-84-100
of th ity Commission
Luci"�ug rty
City Attorne
Settlement Authority of
Manuel Pardo et al v.
City of Miami
REFEREN:ES
rNc-D SI.Rr_
Plaintiff, Manuel Pardo, by and through his attorney, Stephen
Tarr, filed a wrongful death action against the City of Miami
with two counts. One count was as personal representative of
the Estate and the other count as surviving spouse. The action
arose as a result of an automobile accident between a car driven
by Manuel Pardo, where his wife, the decedent, was the passenger,
and a patrol van of the City of Miami. The patrol van was driven
by Officer Francisco Santana.
The accident occurred on November 25, 1983, Friday, at 9:45 in
the evening. The Miami Police Department van was traveling south
on North Miami Avenue when the Honda automobile driven by Mr.
Pardo crossed in front of it at the intersection with Northwest
1st Street. Both drivers claimed to have the green light. The
City van was traveling, according to expert's testimony,
somewhere between 35 and 40 MPH. The Honda was struck on the
passenger door, where Mrs. Pardo was sitting, at a speed of
approximated to be 22 MPH. Mrs. Pardo received multiple blunt
trauma. She had on the right side ribs 2 thru 7 fractured and on
the left side ribs 1, 2, 3, she had bilateral clavical fractures
and suffered a stillit fracture on the right lobe of the liver
involving primarily the posterio.r segment. She was trapped in
the automobile and it took the fire rescue approximately 1 hour
to extricate her from the wreck.
Mrs. Pardo was transported to Miami Jackson Emergency Unit where
she suffered from hypertension. She was rushed into emergency
and after four hours of surgery, she died of cardiac arrest at
3:45 am. She was operated on by Dr. Manuel Echenique, who was
assisted by Drs. Mark Taylor, A. Hernandez and Manuel Pena. Dr.
Echenique testified at deposition that the liver injuries
received by Mrs. Pardo are almost 100% lethal. Given the fact
that in addition Mrs. Pardo was unable to get to the hospital
immediately due to being trapped in the automobile, the
likelihood of death increased with the passage of time.
Honorable Mayor and Members February 20, 1985
of the City Commission Page 2
Extensive discovery was conducted in this case. Accident
Reconstruction Expert Harry.Meyersohn was hired by.the C.ity.and
he determined that the speed .of ..the .van was 36:78 miles .per hour.
He was unable,. however, to determine.which of the two individuals
had the green light. The passenger of the van, Officer Valdez,
testified that the green light was in their favor. The
investigators of the Miami Police Department who analyzed the
accident subsequent to the collision, Sgt. Morris and Detective
Dieter Berger both concluded that even though Officer Santana
was traveling approximately 5 to 10 miles above the speed limit
for the area, this was a non -preventable accident. However the
report was submitted to the superiors of these officers and
someone, as of yet undetermined, up the ranks, made a
determination that this was a preventable accident and that speed
was a contributing cause of the collision. Efforts to exclude
that evidence from trial failed.
The Accident Reconstruction Expert hired by the Plaintiff was
Luis Pytel, who coincidentally had been the investigator from
Metro Dade Police Department assigned to the State Attorney's
Office in the investigation of this accident when it occurred in
1983. Mr. Pytel testified that the speed of the van in his
estimation was somewhere between 43 and 47 miles per hour.
Although Mr. Pytel had indicated to the State Attorney's Office
that no charges should be brought against Officer Santana, his
testimony in deposition, as the expert for the Plaintiff, was not
positive to the City's case.
The total medical bills incurred by Mr. Pardo as a result of the
medical procedures undergone by his wife were $11,655.88. The
expenses related to the funeral services of mrs. Pardo were
$1,525.00.
The complaint filed in two counts by Mr. Pardo did not include
any claims for his own personal injuries. Attorney Tarr had
planned to bring a separate action for Mr. Pardo and his
injuries. On the action before the court, Mr. Pardo made a
demand of $200,000.00. An analysis of the existing case law
indicates that the estate is separate under claim of fee a
surviving spouse and as such the $200,000.00 limit would be
applicable in this case.
Through negotiations the Plaintiff agreed to accept $122,000.00
for the claims from the estate and as surviving spouse as well as
his personal claims for injuries received in the course of the
85-27
Honorable Mayor and Members February 20, 1985
of the City Commission Page 3
accident. The City of Miami agreed to assume responsibility for
the lien of $11,655.00 currently held by the Public Health Trust. _
This claim has been investigated by the City Attorney's Office in
accordance with Ordinance Number 8417, which created the City of �—
Miami's Self -Insurance Program.
The City Attoriiey's Office recommends that the City of Miami pay
on behalf of itself the sum of $122,OOO.00 to settle this claim
and the Risk Management office agrees and recommends this
settlement.
LAD/MJC/ab/104