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Home My WebLink AboutR-85-0021J-84-1231 RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO DOLORES PAVON THE AMOUNT OF $15,0009 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 MICHAEL WAYNE DANNELLY, AND UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI AND MICHAEL WAYNE DANNELLY FROM ALL CLAIMS �. AND DEMANDS. WHEREAS, Dolores Pavon filed a claim against the City of Miami and Micahel Wayne Dannelly for alleged bodily injury resulting from a motor vehicle accident wherein Dolores Pavon was a pedestian involved in a collision with a City of Miami Police Department vehicle on April 30, 1983, at SE 1st Street and South Miami Avenue, 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 $15,000; 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 Dolores Pavon the sum of $15,000, without the admission of liability, in full and complete settlement of all bodily injury, personal injury protection liens, workers' compensation liens, claims and demands against the City of Miami and Michael Wayne Dannelly, upon the execution of a release releasing the City of Miami and Michael Wayne Dannelly from all bodily injury, personal injury protection liens, workers' compensation liens and claims and demands. CITY COMMISSION MEETING OF J A N 100 1985 I W1 1W. 8$-21 PASSED AND ADOPTED this loth day of January , 1985. Maurice A. Ferre M A Y 0 R ATTEST: PREPARED AND APPROVED BY: DEPUTY CITY APPR0VkO AS CITY ATTORNEY AND CORRECTNESS: 85--211 CITY OF MIAMI, FLORIDA To. Honorabl of th y FROM Lucia A. Do City Attor ey INTER -OFFICE MEMORANDUM r Members DATE mmission SUBJECT herty REFERENCES ENCLOSURFS December 4, 1984 FILEV83-130 Dolores Pavon D/L: 04-30-83 L/L: East northsouth cross- walk at S.E. 1st St. and S. Miami Ave. Miami, Florida Dolores Pavon has filed a claim against the City of Miami, involving personal injuries. This incident occurred at approximately 1:30 P.M. on April 30, 1983, at the crosswalk area on S.E. 1st Street and South Miami Avenue. Mrs. Pavon was in the process of crossing the street in the crosswalk when she was struck by City police vehicle that was attempting to make a lefthand turn into the intersection. Witness to this accident Mr. Harvey Epstein provides testimony against the City. Liability is adverse to the City of Miami. Mrs. Pavon was knocked down upon impact. She remained at the scene and was treated by fire rescue which later transported her to Jackson Memorial Hospital. Emergency room examination showed her to have a Coley's fracture of the right radius of the ulna. She was admitted and remained for approximately one week. This hospital bill was $4,146.73. While at the hospital she was operated on by Dr. Mark Calkins and she tolerated the procedure well. Upon discharge she received medical treatment by Dr. Ivan Barrios (orthopedic).He noted that she had a mild shortening and radial deviation as a result of the fracture. She now has a 15 to 20% disability of the right hand or 11% of the body as whole. Total medical were $4,483.73. All medical expense have been verified as to being correct and reasonable. This matter can be settled for $15,000.00. The above claim has been investigated by 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 $15,000.00 in settlement of this claim. /vmc cc: City Manager City Clerk 85-21 i CITY OF MIAMI. FLORIDA .A ! MAY INTER -OFFICE MEMORANDUM 19F)-,I TO Jose R. Garcia -Pedrosa I DATE May 7, 1984 FILE: V83-130 City Attorney, and The Torts Committee Law Deq^rtment �/ FROM: d Assistant Finance Director Risk Management Division susiccT Dolores Pavon vs. City of Miami D/L: 4/30/83 @ 13:32 hrs. L/A: E. North -South Crosswalk at S. E. 1st St. & So. Miami Ave., REFERENCES. Miami, Florida ENCLOSURES REQUEST FOR SETTLEMENT AUTHORITY FACTS: The Florida Traffic Accident Report narrative indicates that vehicle #1, a City of Miami Police car, was stopped for a red light in the left turn lane on So. Miami Avenue immediately north of the intersection with S. E. 1st Street. The driver was attempting to make a left turn when a pedestrian stepped off the northeast curb to walk south. The vehicle made contact, forcing the pedestrian to the pavement. There were no arrests made, however, contributing causes are careless driving with nothing indicated as to the pedestrian. A recorded statement was taken from Harvey Epstein of 8760 S. W. 85 Terrace, Miami, Florida; home telephone no. 271-2625 and business phone no. 552-3569. The basic information as concerns this witness is that he was also a pedestrian approximately four feet from the north- east corner, walking south in the crosswalk. He noted the vehicle to be south - bound, did not pay attention to the actual traffic signal, however, noted that the walk signal was on for proceeding south in the crosswalk. At this point, a claimant was in the crosswalk, northbound approximately fifteen feet from the northeast corner. The vehicle at this point proceeded to make a left turn so as to move in an easterly direction. The front of the Police vehicle made contact with the pedestrian. Mr. Epstein indicated that the Police Officer admitted to looking the other way at the time he initiated his turn. Mrs. Epstein is also a witness to this accident with approximately the same informa- tion, however, a recorded statement was not taken from this individual. As concerns liability, this would appear to be a matter to take under consideration for settlement on a reasonable basis. CLAIMANT:Miami, Florida. Date of birth: 11/22/30. She was a pedestrian at the time of this accident. Her social security number is 583-50-9883. There is no occupation known and no claim for lost time and wage. Fire Rescue was on the scene and found the pedestrian conscious, with no blood loss, complaining of a pain to the right wrist which appeared to be a Coley's fracture. Jackson Memorial Hospital had the initial Emerggncy Room care provided and found a grossly deformed right hand diagnosed as a Coley's fracture of the right radius of the ulna. IVAN BARRIOS, M.D., Orthopedic Surgeon saw the claimant in August of 1983 and the x-rays indicate an open fracture of the right ulna associated with a fracture of the distal end of the radius. The care previous to this doctor becoming involved r ot Page Two Jose R. Garcia -Pedrosa May 7, 1984 with the examination was completed by the orthopedic Out -Patient Clinic as well as some type of rehabilitation at Jackson Memorial Hospital. At the time this doctor saw the claimant, there was a well -healed surgical incision along the ulnar side of the right wrist. Examination revealed no abnormalties; x-rays revealed healed fracture distal end of radius with mild shortening and radial deviation. The fracture of the ulnar styloid was noted. It was felt that maximum medical benefit concerning this compound fracture of the distal end of the ulna associated with fracture of the distal end of the right radius had reached maximum medical improvement. The residual is indicated as being 15. to 20% of the right hand which would convert into about 11% of the body as a whole. MARK CALKINS, M.D. was the surgeon at Jackson Memorial Hospital on April 30, 1983. A post -operative diagnosis was that of an open right distal ulnar styloid fracture in conjunction with the distal radius fracture. The operative procedure was irrigation and debridement of right distal ulnar and radius fractures. The patient tolerated the total procedure well. There was a four -day hospital stay after the surgery. We have no information concerning the cost or treatment from Jackson Memorial's Rehabilitation Center or the Orthopedic Out -Patient Clinic. The special damages are as follows: Medical Facility Dr. Barrios Dr. Calkins Orthopedic Out -Patient Clinic Jackson Memorial Hospital Re- habilitation Clinic Jackson Memorial Hospital UMDCX-5155 Total Known Medical . . . . . Dates Amount 8/31/83 $ 1`-5.00 4/30/83 thru 5/4/83 ? 5/5/83 estimated to 7/63 ? 4/30/83 to 5/4/83 4,146.73 5/2 to 6/2/83 182.00 . . . . . . . . . . . . . . . $4 ,483.73 We have no information as concerns this individual's occupation, however, it appears she is unemployed. Originally there was a Jackson Memorial Hospital lien of $2,974.23 which has been reduced to $304.00. There is also the consideration of the personal injury protection which the City should provide to this individual as she is not a vehicle owner and no one in her household had a private passenger automobile. The personal injury protection would be on the basis of 80% of the medical amount which is $3,586.98. EVALUATION: The formal demand placed by Attorney Antonio 11ineiro is $55,000.00. We will of course have to make sure that the lien from Jackson Memorial Hospital is handled to a proper conclusion. F 1 Page Three Jose R. Garcia -Pedrosa May 7, 1984 i It is suggested that we evaluate this matter at $20,000.00 plus the personal injury protection which is $3,586.98. APPROVED/DISAPPROVED: 0C A Y. Ago,, Jos R. karcia4edrosa, City Aro&ey 6�r�N n M. Firtel, Ass't City Attorney Gisela Cardqnne, Ass't City Attorney Anal _Ia Carnesoltas, Ass't City.lttorney Richard L. Druks, Ass't City Attorney /ter • j Lc: � I' � . Albertine B. Smith, Ass't City Attorney�•«, y'•rG.,L(1� ,�'. ,_�.�.Coil.J�ti _.�l��G��-yam Paul D. Weber, Claims Supervisor DCD/PDW/ci • 85-W21