HomeMy WebLinkAboutR-85-0142-
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J-85-78
RESOLUTION NO.
' A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO EDWARD P. BUSCH, ESQUIRE, AND MOZELL
STURRUP, INDIVIDUALLY, AND MOZELL STURRUP AS
MOTHER AND LEGAL GUARDIAN OF ARRATIN STURRUP, A
MINOR, THE SUM OF THIRTY THOUSAND DOLLARS, IN
SEPARATE CHECKS PAYABLE AS FOLLOWS: TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00) TO ARRATIN STURRUP
AND HIS ATTORNEY, EDWARD BUSCH, AND FIVE THOUSAND
{ DOLLARS (y5,000.00) TO MOZELL STURRUP, MOTHER
AND EDWARD BUSCH, ATTORNEY, PAYABLE FIVE THOUSAND
DOLLARS PER YEAR COMMENCING IN 1985; WITHOUT THE
ADMISSION OF LIABILITY, IN FULL, AND COMPLETE
SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY
PROTECTION LIENS, PROPERTY DAMAGE CLAIMS, CLAIMS,
AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON
EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL
CLAIMS AND DEMANDS.
WHEREAS, Arratin Sturrup, individually, and Mozell Sturrup,
as mother and legal guardian of Arratin Sturrup, a minor, filed a
claim against the City of Miami for damages resulting from an
accident in which Arratin Sturrup suffered serious injuries when
he fell from a City Incinerator located at 3800 Thomas Avenue,
Coconut Grove, Florida, on July 6, 1981, allegedly due to the City's
negligence; 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 a smaller amount because if the case went to trial
before a jury, the jury verdict could easily exceed our statutory
cap; and
WHEREAS, the City Attorney recommends that these claims
against the City be settled for the sum of Thirty Thousand Dollars,
payable Five Thousand Dollars per year, commencing in 1985;
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 Edward Busch, Esquire, and Mozell Sturrup, individually,
and Mozell Sturrup as mother and legal guardian of the minor,
Arratin Sturrup, a minor, the sum of Thirty Thousand Dollars
in separate checks payable as follows: Twenty Five Thousand
Dollars ($25,000.00) to Arratin Sturrup, a minor, and Edward
CITY COiii0.1ISSION
N7EuuNG r:F
F E B 14 1985
N014 „W. 85-142_
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Busch, Attorney, and Five Thousand Dollars ($5,000.00) for a
total of Thirty Thousand Dollars ($30,000.00) to Mozell Sturrup,
as mother, and Edward Busch, attorney, payable Five Thousand
Dollars ($5,000.00) per year, commencing in 1985, in full and
complete settlement of all bodily injury, personal injury pro-
tection liens, property damage claims, claims and demands with-
out the admission of liability, and upon execution of a release
releasing the City from all claims and demands.
PASSED AND ADOPTED this 14th day of February ,1985.
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
ATTEST:
G. ONGIE
FR**LPH
ITY CLERK
PREPARED AND APPROVED BY:
GISELA CARDONNE
DEPUTY CITY ATTORNEY
APPROVW &S TQ�FORM AND CORRECTNESS:
LUCIA _A.-�G
CITY ATTORNEY
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85-142. r.