HomeMy WebLinkAboutR-85-0020J-84-1255
RESOLUTION 140. 85=20
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO DORA MARTINEZ
AND BALTAZAR MARTINEZ, HER HUSBAND
THE AMOUNT OF $24,000, WITHOUT THE
ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ALL BODILY
INJURY, PERSONAL INJURY PROTECTION
j LIENS, WORKERS' COMPENSATION LIENS,
I CLAIMS AND DEMANDS AGAINST THE CITY
I. OF MIAMI AND DEYANIRA SUAREZ, AND
UPON EXECUTION OF A RELEASE RELEASING
THE CITY OF MIAMI AND DEYANIRA SUAREZ
FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Dora Martinez and Baltazar Martinez, her
husband, have filed a claim against the City of Miami and
Deyanira Suarez for alleged bodily injury resulting from a
1 motor vehicle accident wherein Dora Martinez was a passenger
in a motor vehicle involved in a collision with a City of
Miami Fire Department vehicle on March 11, 1983, at East 2nd
Avenue & East 2nd Street, Hialeah, 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 $24,000;
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 Dora Martinez and Baltazar Martinez, her husband, the
sum of $24,000, 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 Deyanira Suarez, upon
the execution of a release releasing the City of Miami and
Deyanira Suarez from all bodily injury, personal injury
protection liens, workers' compensation liens and claims and
demands.
CITY COMMISSION
MEETING OF
LJAN 10 1985
SOLUiw.. Q5-2O
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A
PASSED AND ADOPTED this 1� Oth day of
January ..�.�..�.... 1985,
Maurice _A. _Ferre _ .
�� --- M A Y O R
7T:
ALPH G.4 ONGIE, CITY CLERX
PREPARED AND APPROVED BY:
/emuy-
ROBERT F. C ARK
CHIEF DEPUTY CITY ATTORNEY
APPR fD AS RM AND CORRECTNESS:
CITY ATTORNEY
r
85"20
0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the City Commission
•
FROM Luc a A. Dougherty
City Attorney
DATE December 3, 1984 PLUV83-106
SUBJECT Dora Martinez & Baltazar
Martinez vs. City of Miami
D/L: 03-11-83
L/L: East 2nd Ave. &
REFERENCES East 2nd St.
Miami, Florida
ENCLOSURES
Dora Martinez and Baltazar Martinez have filed a claim against the
City of Miami, involving personal injuries. This incident occurred
on March 11, 1983 at East 2nd Avenue and East 2nd Street, in the
City of Hialeah, Florida. This intersection is controlled by a stop
sign for east and westbound traffic. The City vehicle proceeding
eastbound ran the stop sign colliding with the claimant vehicle on
the right side causing it to loose control and come to rest on the
southeast corner of the intersection. Claimant Martinez was a
passenger in the vehicle driven by Olga Najara which was stuck.
Liability is adverse to the City of Miami.
Mrs. Martinez was treated at the scene by fire rescue and
transported to Hialeah Hospital where she remained for
approximately fifteen days. Her hospital cost was $6,388.81. Her
principal diagnosis upon admission was head trauma, brain
concussion, cervical spine sprain, lumbosacral spine sprain, trauma
to right shoulder, hematoma to right hip and right shoulder. While
at the hospital and later as an out patient she was seen by a
number of specialists; radiologist, neurologist, opthamologist, and
orthopedic. Their bills totaled $1,923.50. Her primary physician
Dr. Maria Navarro diagnosed head trauma, brain concussion, cervical
spine sprain, trauma to right shoulder and hematoma of right hip.
Dr. Navarro's bill was $3,395.00. She has been discharged from
treatment with a 5% permanent partial disability to the body as a
whole. Her total amount of medical specials were $11,707.31.
All medical expenses have been verified as being correct and
reasonable. This matter can be settled for $24,000.00.
The above claim has been investigated by the City Attorney's Office
in accordance with Ordinance No. 8147, 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 $24,000.00 in settlement of this claim.
cc: City Manager
City Clerk
85-20
854-20
P
P
CITY Of- MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
TO Lucia Allen Dougherty DATE August 14, 1984 r,LE; V83-106
City Attorney, and the
Torts Committee SUBJECT Dora Martinez vs. City of Miami
DOA: 03-11-83
j LOA: East 2nd Avenue & 2nd Street
FROM 4
onal//. -;unl REFERENCES Hialeah, Florida
Assistant Finance Director
Risk Management Division ENCLOSURES
REQUEST FOR SETTLEMENT AUTHORITY
Liability
According to the accident report narrative, the City vehicle, a 1977 GMC, driven by
Deyanira Suarez, was eastbound on East 2nd Street. The claimant, Olga Najara, driving
a 1978 American Motors vehicle, was traveling southbound on East 2nd Avenue. Dora
Martinez was a passenger.
City Driver, Suarez, ran the stop sign and collided with claimant in mid -intersection.
Upon impact, claimant's vehicle veered off the roadway going upon the sidewalk and
coming to rest on the Southeast corner of the intersection (see diagram).
The claimant operator, Najara, and claimant's passenger, Dora L. :Martinez, were both
treated at the scene by Hialeah Fire Rescue and transported to Hialeah Hospital.
Witness to this accident is Mr. Ramon Delarose whose testimony is adverse to our
liability position in this case.
The City operator admits to having run the stop sign, claiming that her brakes did
not work at the time. A follow-up check into her testimony proved differently how-
ever, the brakes were in fact working. Liability in this accident is strictly adverse
to the City of Miami.
Claimant
Dora Martinez is a 57 year old white female. Date of birth is August 25, 1925, who
resides at 175 E. 8th Street, Hialeah, Florida 33010. She is married and her hus-
band's name is Baltasar Martinez. At the time of this accident she was employed at
Lemon Drop Inc, address 3630 N.W. 49th Ave. as a finisher. She is presently being
represented by Attorney Michael A. Genden of the Law Offices of Genden & Bach, P.A.
located at 2150 S.W. 13th Avenue, Miami, Florida 33145. Their telephone number is
858-2706.
_ 5vw20•
Ok
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Lucia A. Dougherty
City Attorney, and the
Torts Committee
-2-
August 14, 1984
Dora Martinez was a passenger in the vehicle driven by Olga Najara at the time of
the above accident. She was treated at the scene and transported to Hialeah Hospi-
tal were she was admitted and remained for approximately two weeks being discharged
on the 26th of March 1983.
After collision when the vehicle came to rest, claimant Martinez door popped open
and she fell out of the car. She was not ejected upon impact. However her injuries
do indicate some head trauma..
Hialeah Hospital
Admitted on March 11, 1983, date of the accident and discharged March 26, 1983. Due _
to the nature of her complaints and the possibility of head trauma she was admitted
and remained there until discharged. Her principal diagnosis upon admission was head
trauma, brain concussion, cervical spine sprain, lumbosacral spine sprain, trauma to
right shoulder, hematoma right hip, hematoma right shoulder, and disc disease at C3-4.
Mario Navarro, M.D.
Saw patient at the hospital during her stay there. Claimant indicated she struck her
head twice also she had a laceration on her right arm with her head having two lumps,
hematoma right hip and shoulder. X-rays done indicated that the patient had discogenic
disease of C4-5 of the cervical region. Patient developed headaches and nose bleed
and she was admitted. She had a hematoma to the right hip and shoulder and CAT brain
scan was done which was negative. While at the hospital she received physio-therapy
in the form of hot packs and ultrasound. She also received analgesic and sedatives
for pain. Finally she was discharged in good mental health and improved condition.
She was to be followed -up at the office. Final diagnosis was: Head trauma, brain
concussion, cervical spine sprain, lumbosacral spine sprain, trauma to right shoulder,
hematoma right hip, hematoma right shoulder, and disc disease at C3-4.
Andres Bustillo, M.D. (Opthalmologist)
Patient complained of dry eye feeling. Saw her on March 24, 1983, per Dr. Navarro
request. Impression was that the patient had dry eye symptoms and senile mascular
degeneration, early stage. He indicated that everything was well within normal
limits. His plan was to give the patient ophthalmic ointment and also provide her with
some hypo -tears ophthalmic solution if approved by Dr. Navarro.
Daniel Jacome, M.D.
Neurological examination as a result of the claimants trauma of the spine, right hip,
and head. He indicated she did not lose consciousness. X-rays of the spine were ne-
gative as well as the EEG and CAT scan of the brain. Patient remained with headaches
which were global and pressure like since the time of the accident. She showed con-
cern about her condition. His diagnosis was multiple trauma, cervical lumbosacral sprain
and post traumatic headaches.
-------- ---
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at
Lucia A. Dougherty
City Attorney, and the
Torts Committee
M. William Ross, M.D. (Radiologist)
-3-
August 14, 1984
X-rays of right shoulder revealed some calcific bursitis but no fractures. X-rays
of the skull were within normal limits as well as X-rays of the hip. X-rays done
bilaterally of the ribs indicated some minimal changes seen in the left rib cage.
Zachary Schlaff, M.D. (Radiologist)
X-rays of the cervical spine revealed some degenerative disc disease at C4, CS with
disc space narrowing, an some osteophytes causing some mild encroachment of the
neural foramina bilaterally at this level. The lumbar spine X-rays reveal mild dextro-
rotatory scoliosis but otherwise unremarkable.
M. Fasbinder, M.D. (Radiologist)
Performed CAT scan on the claimant showing that it was well within normal limits.
No further treatment by Dr. Fasbinder.
R. Sanchez -Medina, M.D. (Orthopedic)
Saw claimant Martinez on March 11, 1983, per the request of Dr. Navarro. His examina-
tion revealed the claimant was experiencing pain and tenderness over the tempoparietal
region on the right side. He indicated that there was swelling over this entire area.
There was also pain and tenderness upon palpation over the paraspinal muscles of the
cervical spine. Claimant was experiencing limitation of range and motion of the cervi-
cal spine due to the pain. Her range of motion of the right shoulder was also limited
and painful. Examination of the right hip area showed pain and tenderness on palpation
of that area.
At the time of the examination Mrs. Martinez was complaining of severe headaches as
well as pain from the side of the chest during inspiration and expiration. It was
his impression that the claimant had sustained multiple body trauma as well as head
trauma, cervical spine sprain, lumbosacral spine sprain, and trauma to her right
shoulder.
Dr. Medina then saw patient on April 22, 1983 and July 5, 1983. His report from
July 5, 1983 wherein she stated that she had been followed -up at Dr. Navarro's office.
She still has pain over the cervical lumbosacral spine region. Examination of the
patient showed that tenderness over the cervical spine had diffused. Her range of
motion was still limited and painful at the extreme position. Isis diagnosis was
cervical spine sprain and lumbosacral spine sprain. The last time that Dr. Medina
saw patient was on July 5, 1983.
Guadalberto Navarro, M.D.
His examination revealed that patient was
over her body as a result of the accident
cally that which the previous doctors have
•
in distress due to pain and discomfort all
of March 11, 1983. His report states basi-
advised as to the claimant's condition.
V5q_
P
.,
Lucia A. Dougherty
City Attorney, and the
Torts Committee
-4-
August 14, 1984
When the patient was discharged on March 26, 1983, he noticed she was in good mental
health and improved to be followed at his office. The patient then returned to his
office on March 29, 1983 where she still complained of pain and discomfort all over
her body mainly a stiff neck, dorso lumbar pain, nasal bleeding, she was still very
nervous, experiencing headaches and shoulder pain. A series of physical therapy
treatments ensued from the date of discharge up until July 26, 1983. She was last
seen by Dr. Navarro on August 4, 1983 and indicated that by all the treatment she
received, she still complained of pain and discomfort all over her body. fie felt
that in view of her condition she will be left with a five percent partial permanent
disability to the body as a hole. Dr. Navarro saw patient on March 11, 1983 and
continued her treatment until after discharge up until his last office visit of
August 4, 1983.
Kenneth C. Fischer, M.D. (Neurologist)
First saw the claimant on May 6, 1983. Approximately two months post -accident and
after her discharge from the hospital. His examination revealed a rather depressed
and nervous lady. It was his impression that Mrs. Martinez had a post -concussion
sydrome with a post -concussive anxiety reation. He did not see the patient again
until October 10, 1983 for a neurological re-evaluation. Iie indicated that Mrs.
Martinez symptoms had remained unabated since her last examination of May 6, 1983.
Her head and neck revealed good range of motion however there was still some tender-
ness in the left paracervical region. In essence it was his impression that the
patient has a residual post -concussion syndrome with an essentially normal neuro-
logic evaluation. There was no further treatment by Dr. Fisher after October 10, 1983.
The claimant's medical specials to date are as follows:
Facility
Hialeah Radiological Assoc.
Hialeah Hospital
Dr. Fischer, Abel & Hershkowitz
Dr. Yanez & Jacome
Hialeah EKG Readers
Hialeah Pathology Assoc.
Lejeune Orthepedic Accoc.
Dr. Fischer, Abel & Hershkowitz
Dr. 3ustillo
Dr. Alvarez
RX
Navarro Medical Center
(Dr's. Maria & Guadalberto
s
Date
3/11,3/14,3/16,3/21,5/26/83
3/11 through 3/2G
10/10/83
3/19,3/21,3/22/83
3/11 & 3/14/83
3/11,3/21/83
3/11/83
5/6/83
3/23,4/11,5/12/83
3/22/83
10/10,5/6,1/11/84,5/16,4/4,4/12
12/17/83
3/11 through 8/4 (PT) 3/31 - 7/26
TOTAL
Amount
322.00
$ 6,388.81
340.00
230.00
36.00
62.50
175.00
175.00
385.00
125.00
73.00
3,395.00
$11,707.31
.
85-0 ,6
Lucia A. Dougherty
City Attorney, and the
Torts Committee
-5- August 14, 1984
Further investigation into the claimant's medical specials, collateral sources, etc.
have revealed that her carrier, Allstate Insurance Company has exhausted her PIP in
the amount of $10,000. It appears that this amount was broken down as follows:
Medical's LTW
$9,254.68 $745.32
The LTW claim is from March 11, 1983 through May 21, 1983. It appears that the claimant
still has approximately close to $1,800.00 in unpaid medicals.
Evaluation
This file contains two claimants one of which has already been settled for $23,000.
Both cases are very similar in nature due to the fact that both remained at Hialeah
Hospital for approximately two weeks with the difference being Mrs. Martinez having
been discharged a day later. Medical specials for both as well as the diagnosis also
appear to be identical. However the difference is that Mrs. Martinez was a passenger
in this accident and the brunt of the impact was to her side of the vehicle. A demand
of $75,000 has been presented by Attorney Michael Genden. In view of the medical
status and special damages presented in this case his demand is not a reasonable
figure.
The fact that the prior claimant was settled for the amount of $23,000, this case
should be settled for an amount similar to that or perhaps in the range of $25,000
to $27,500. We have some very strong arguments on our behalf in view of the
medical. Only Dr. Navarro presents the claimant with a permanency rating of five
percent. In addition like claimant Najara her hospital stay was prolonged in view
of the injuries sustained. Therefore for settlement purposes I would recommend
authority in the range of $25,000 to $27,500.00.
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Lucia Allen Dougherty
City Attorney, and the
Torts Committee
APPROVE/
Lucia Rllen Doughe
City Attorney
gdonneCity Att� ('
rtel
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Assistant City Attorney
Albertine B. Smith
Assistant C' Attorney►] -
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Ana -Maria Carneso-ltas
Assistant City Attorney
oe
��— Richard L. Druks
Assistant City Attorney
Maria C aro--'---
Assistant City Attorney
_ I
I�
Paul D. Weber
Claims Supervisor
-6-
settlement authority $27,500.
August 14, 1984
A
Page 3
Victor V. Marrero
April 24, 1984
Re: Dora Martinez
F47 -
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