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Home My WebLink AboutR-85-0019W11 3 J-84-1230 RESOLUTION NO. 85'" 19, A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SIMEON ALVAREZ THE AMOUNT OF $T9000, 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 ROBERTO SUAREZ, AND UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI AND ROBERTO SUAREZ FROM ALL CLAIMS AND DEMANDS. WHEREAS, Simeon Alvarez filed a claim against the City of Miami and Roberto Suarez for alleged bodily injury resulting from a motor vehicle accident wherein Simeon Alvarez was a driver of a motor vehicle involved in a collision with a City of Miami Police Department vehicle on April 26, 1983, at NW 11 Dade County, Florida; and WHEREAS, the above claim has Street and NW 2nd Street, Miami, been investigated by the Management Division in accordance with Ordinance No. 8417, created the City of Miami's Self -Insurance Program, and the Risk which _ said Division, together with the City Attorney, recommend that this claim be settled, without the admission of liability, for the sum of $7,000; 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 Simeon Alvarez the sum of $7,000, without the admission of liability, E 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 Roberto Suarez, upon the execution of a release releasing the City of Miami and Roberto Suarez from all bodily injury, personal injury protection liens, workers' compensation liens I and claims and demands. MAW CITY COMMISSION MEETING OF j J AN IO 1985 ��jj RESOLUM11 feo 85--19, i:Eid• tsa. 1. PASSED AND ADOPTED this loth day of January , 1985. i Maurice A. Ferre M A Y 0 R AT EST: j ALPH G. ONGIE, CITY CLERW- PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ORNEY APPROVE 0 F M AND CORRECTNESS: uvvin ra• uv�v CITY ATTORNEY 0 CITY OF MIAMI. FLORIDA 21 INTER -OFFICE MEMORANDUM .... TO Honorable mayor and Members DATE. December 3, 1984 nI.J83-120 of the C y Commission SUBJECT. Simeon H. Alvarez vs. City of Miami ----` D/L: 04-26-83 z. L/L: N.W. 11th Ave. & 2 St. FROM Lucia . Dough -ty REFERENCES: City Attorney ENCLOSURES: Resolution and Memo Simeon H. Alvarez, has filed a claim against the City of Miami, involving personal injuries as a result of the above captioned accident. This incident occurred on April 26, 1983 at approximately 12:30 p.m. at the intersection of N.W. 11th Avenue and 2nd Street, Miami, Florida. A marked City of Miami unit, on a Code 3, was northbound on N.W. 11th Avenue. Eleventh Avenue extends north and south. It is marked for one way sorthbound traffic. The police vehicle was proceeding north against traffic at an estimated speed of approximately 40 m.p.h. The claimant vehicle was eastbound on N.W. 2nd Street traveling at a slow rate of speed as the front of the police vehicle made contact with the right front side of the claimant's causing it to veer off striking a fence located at the corner of 1069 N.W. 2nd Street. Liability is adverse to the City of Miami. Simeon Alvarez was treated at the scene by Fire Rescue and transported to Jackson Memorial Hospital where he was examined and later discharged. Initial report indicated head injury with no fractures. Mr. Alvarez continued to treat as an out patient with Dr. Menendez and Dr. Hernandez until he reached maximum medical improvement. His diagnosis was head trauma, acute cervical sprain, right trapezius strain, right shoulder contusion, thoracic sprain with a disability rating to the body as a whole of 6%. His medical specials were $2,096.00 incurred as a result of this accident. All medical expenses have been verified as being correct and reasonable. This matter can be settled for $7,000..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 recommend that the City of Miami pay $7,000.00 in settlement of this claim. /vmc cc: City Manager City Clerk as-W19 \- ! niii\ !, . ar CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM ,. Lucia A. Dougherty DATE October 11, 1984 FILE,V83-120 City Attorney, and the Torts Committee SUBJECT Simeon Ii. Alvarez vs. City j of Miami & Roberto Suarez, 7olive Officer tom: onaTIC�6unlap DOA: 04-26-83 at 12:30 pm REFERENCES LOA: N.W. llth Ave. & 2 St. Assistant Finance Director Risk management Division ENCLOSURES: CircuittMiami, Florida Court Case # 84-36834 Attached you will find the civil action summons and complaint served upon Michael L. Misler on October 9, 1984 as concerns the above captioned matter. Review of our file indicates that we received special damage material on March 13, 1984. Material contained in the file appears to be complete and it should be evaluated for settlement at the earliest possible time. We should have acted on this prior to suit, unfortunately we did not. It is our opinion that settlement can still be negotiated. Facts The City vehicle is a marked police unit, a 1982 Ford Limited Sedan assigned to the accident investigation unit. This vehicle was proceeding northbound on a Code 3. It should be noted that N.W. llth Avenue which is a north south street is marked for southbound traffic only. The police vehicle was proceeding in the wrong direction and proceeded into the intersection at an estimated speed of about 40 m.p.h. The claimant vehicle was eastbound on N.W. 2nd Street at an estimated 25 m.p.h. The front end of the City vehicle made contact with the front right fender of the other vehicle making contact with a fence located at 1069 N.W. 2nd Street. The police vehicle stopped in the northeast quadrant of the intersection. Liability is adverse. The only known witness is George Gonzalez of 144 N.W. lath Avenue, Miami, Florida home telephone number 324-1483 and business phone 871-3450. A recorded interview was obtained from this individual, withocit signature or notarization. A copy is attached for your information. The witness was located on the southwest corner of the intersection and was aware that several police vehicles had gone through the area with emergency equipment functioning. The vehicle involved in the accident also had the siren and top lights functioning at that time. It appeared the civilian operator did not notice the approaching police vehicle as his speed on the thru street continued to be about 25 or 30 m.p.h. up to the impact point. The detail information as to the police vehicle activity on approach to the intersection and entering same was not covered. The witness was well aware that the police unit was moving the wrong way on a one-way street. The witness is favorable to the other operator.' i .. 1 OCT ' 19 t ------------ Lucia A. Dougherty -2- October 11, 1984 City Attorney, and the Torts Committee Claimant Simeon H. Alvarez, of 1467 N.W. 24th Street, ttiami, Florida is the owner and operator of the other vehicle. The date of birth is October 28, 1933 and his social security number is 261-55-3672. This individual is employed at the P & P Chevron Station, 5100 N.W. 7th Street, Miami, Florida 33126. Should be noted that his gross earnings are $250.00 per week. Dates absent from work include 04-26-83 thru 05-09-83 which is two weeks or a gross of $500.00. The Florida Traffic Accident Report indicates a #5 which is a possible injury. Rescue Unit #2 however we do not have a copy of the report. Medical data is as follows: Amos Menendez, M.D. - A general practioner diagnosed head trauma, acute cervical sprain, right trapezius strain, right shoulder contusion, acute thoracic sprain, and awarded a five (5) per cent permanent partial disability of the body as a whole. Pedro Hernandez, M.D. - An orthopedic physician diagnosed a post traumatic cervical spine sprain and awarded a six (6) per cent permanent partial disability. Juan Simon, M.D. - A neurologist saw this individual and diagnosed after a CT scan a brain that was normal, with no CNS lesion. There were post traumatic headaches, and a post traumatic stress syndrome. There is no indication of a permanent partial disability. There was no loss of consciousness by the claimant. Alberto Hernandez, M.D. - Diagnoses of head trauma, suspect brain lesion for which a CT brain scan was completed. Jackson Memorial Hospital Emergency Room - Report indicates head injury, no fractures revealed after x-rays of the cervical area were completed. The special damages are as follows: Medical Facility Dr. Menendez Dr. Pedro Hernandez Dr. Juan Simon Dr. Alberto Hernandez UMDC X - 5155 Jackson Memorial Hospital Randale Eastern Ambulance Drs. Fernandez & De Lapedraja Total Medical Specials Date Amount 04/29/83 to 09/20/83 $1,065.00 09/28/83 200.00 10/20/83 125.00 10/21/83 & 01/12/84 300.00 04/26/83 59.00 (04/24,25/83) 4/26/83 175.00 04/26/83 82.00 04/27/83 90.00 $2,096.00 ($25.00 report) 1� a lop Lucia A. Dougherty -3- October 11, 1984 City Attorney, and the Torts Committee Lost Time & Wage Date Amount P & P Chevron, Inc. 04/26/83 to 05/09/83 500.00 Total Special Damages $2,596.00 The claimant was attorney represented on April 27, 1983 by the Law Offices of Jon W. Burke and Linda Dakis, 616 S.W. 12th Avenue, Miami, Florida 33130, telephone number 858-6000. Evaluation Authority be up to $7,000.00 is requested. The claimant vehicle was a 1968 Dodge Dart 2-door hard top which was a total loss. This vehicle was valued at $475.00 and the property damage portion of this matter has been closed. 13S-19 W Lucia A. Dougherty -4- October 11, 1984 City Attorney, and the Torts Committee APPROVE/DISAPPROVE - To negotiate this matter to $7,000.00 Lucia A. Dougherty City Attorney Gise Cardonne Assi t t City Attorney �'s"�`" Jc• M. Firtel Assistant City Attorney Albertine H. Smith Assistant City Attorney Ana -Maria Carnesoltas Assistant City Attorney - ovv. oa Richard L. Druks Assistant City Attorney Maria Chi ro Assistant City Attorney D• Y 471,y .- �' zl� '_ 1,17 Flaul D. Weber Claims Supervisor DCD/PDW/vmc 850-19 f