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Home My WebLink AboutR-84-1360J-84-1192 11/29/84 RESOLUTION N0. 84 -136 A RESOLUTION'z�:AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CARMEN THIJN--THE SUM OF THIRTY-FIVE THOUSAND DOLLARS ($35,000) WITHOUT THE 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 COUNTERCLAIMS AND DEMANDS. WHEREAS, Carmen Thijn filed a claim against the City of Miami through her attorney Mark J. Feldman for alleged bodily injuries and pain and suffering and future medical expenses resulting from an automobile accident wherein Carmen Thijn collided with another automobile at the intersection of Flagler Street and Southwest 67th Avenue, Miami, Florida, on October 18, 1982; and WHEREAS, the above claim has been investigated by the Torts Division of the City Attorney's office and in accordance with Ordinance No. 84-17 which created a City of Miami self-insurance program, the City Attorney's office recommends that this claim be settled without the admission of liability for the sum of Thirty -Five Thousand Dollars ($35,000); 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 Carmen Thijn the sum of Thirty -Five Thousand Dollars ($35,000) without the admission of liability in full and complete settlement of all bodily injuries past and future claims and demands against the City of Miami from all bodily injury past and future claims, expenses, counterclaims and demands. PASSED AND ADOPTED this 1`th_ day of DECEMBER , 1984. MAURICE A. FERRE TEST' MAURICE A. FERRE, Mayor C G- CITY COMMISSION RAU H G . ONG I E MEETING OF City Clerk DEC is REMARKS. PREPA APPROVED_BY: 1 ANA RIA CARNESOLTAS istant City Attorney APPROVED AS ORM 1,YD C RECTNESS: LUCIA /A: DOUGH City Attorney AMC/wpc/pb/207 9 1 f 1 3 } .1 ti �f —2— L. 4 CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM TO: The Honorable Mayor and DATE November 28, 1984 FILE: City Coft ionars SUBJECT. Carmen Thijn V. City of Miami Circuit Court Case #83-44581 FROM: Lucia A. Doug ty REFERENCES: City Attorney ENCLOSURES Carmen Thijn, through her attorney Mark Feldman, brought an action against the City of Miami for injuries she suffered in an automobile accident with a City of Miami Police undercover car. The accident occurred at approximately 2:30 p.m. on October 18, 1982, at the intersection of Flagler and Southwest 67th Avenue. As Ms. Thijn was stopped on the inside eastbound lane, waiting for a car in front of her to make a left turn, officer Michael McDermott, driving the undercover car, did not see Ms. Thijn until it was too late to stop, thus, striking her vehicle from the rear and pushing it into the car stopped in front of her. Officer McDermott was cited for following too close. Liability is with the City. Ms. Thijn is a 53 year old bookkeeper at Cedars of Lebanon Hospital. She was seen by Dr. James Jupyung Kim an orthopedic specialist who treated her for back pain for several months. In September 1983, after a Cat Scan disclosed that she had a herniated disc, Dr: Kim advised Mrs. Thijn that only surgery would alleviate the pain. This diagnosis was verified by Dr. Aldo Berti, whom Mrs. Thijn consulted for a second opinion. Mrs. Thijn has been given a 5% permanent disability. However, in the doctor's opinion, after the operation Mrs. Thijn's disability rate may increase to as much as 20% of the body as a whole. Her total medical bills, without the operation, were $3,000. She lost approximately $1,200 in wages because she was unable to work for a month after the accident. The operation is expected to cost approximately $8,000 and she will have to remain home from work 6 to 8 weeks afterwards. Mrs. Thijn has had to hire a gardener to take care of her yard, at a rate of $20.00 every two weeks. The Plaintiff's attorney made an initial demand of $100,000, the statutory limit. He finally agreed to settle the case for $358000. 64--1360 The Honorable Mayor and City November 28, 1984 to�nniseioriers page 2 li The City Attorney's Office has investigated this claim in accordance with Ordinance No. 8417, which created the City's self-insurance program. The City Attorney's Office recommends that the City of Miami pay $35,000 in settlement of this claim. LAD/AMC/wpc/pb/205 fo: Honorable Demetrio Perez City Commissioner FROM: Ana -Maria Carnesoltas Assistant City Attorney CITY OF MIAM1. FLORIDA IN'T'ER•OP ICE MEMORANDUM DATE: December 11, 1984 FILE: J-84-119 S"B'E`T:Resolution authorizing settlement of case of Carmen Thijn v. City of Miami Circuit Court Case No.83-44581 REFERENCES: ENCLOSURES: The above referenced case was to have been included in the December 13, 1984 agenda. However, although a packet of materials such as the one attached to this memo was sent to the Agenda Office, the memorandum delineating the case was not received at that office. Thus, the matter was not included in the agenda. It is imperative that this matter be presented to and approved by the Commission on December 13, 1984. Would you please add this as a packet item? Thank you for your cooperation. AMC: cm Enc. 84r-13so 1340 �a i< <! IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADS COUNTY t FLORIDA SIT GENERAL JURISDICTION DIVISION CASE NO. 83-44581-09 CARMEN THIJNI vs. CITY OF MIAMI, Plaintiff, Defendant. STIPULATION FOR DISMISSAL OF ALL CLAIMS AND CROSS -CLAIMS Fla. Bar #2792UI COMES NOW the parties and jointly ask that the Court voluntarily dismiss the within cause since the parties have reached an amicable settlement of all claims and crossclaims. LUCIA A. DOUGHERTY City Attorney Ana -Maria Carnesoltas Assistant City Attorney Attorneys for Defendant 169 East Flagler Stre+" Suite 1101 Miami, Florida 33131 (305) 579-6700 By Ana -Maria Carnesi AMA/wpc/pb/204 MARK J. FELDMAN, P.A. Attorney for Plaintiff 2350 Coral Way, Suite 302 Miami, Florid33145 #I RELEASE OF ALL CLAIMS THIS INDENWRE WITNESSM that, in consideration of the sum of Thirty -Five Thousand Dollars ($35,000.00), receipt whereof is hereby acknowledged, for myself and for my heirs, personal representatives and assigns, I do hereby release and forever discharge the City of Miami, any of its agents and employees and any other person, firm or corporation charged or chargeable with responsi- bility or liability, their heirs# representatives and assigns, from any and all claims, demands, damages, costs, expenses, loss of services# actions and causes of action, arising from any act or occurrence up to the present time and particularly on account of all personal injury, disability, property damage, loss or damages of any kind already sustained or that I may hereafter sustain in consequence of an accident that occurred on or about the 18th day of October, 1982, at or near Flagler Street and Southwest 67th Avenue, Miami, Florida. To procure payment of the said sum, I hereby declare that I am more than 18 years of age; that no representations about the nature and extent of said injuries, disabilities or damages made by any physician, attorney or agent of any party hereby released, nor any representations about the nature and extent of said injuries, disabilities or damages made by any physician, attorney or agent of any party hereby released, nor any representations regarding the nature and extent of legal liability or financial responsibility of any of the parties hereby released, have induced me to make this settlement; that in determining said sum there has been taken into consideration not only the ascertained injuries, disabilities and damages, but also the possibility that the injuries sustained may be permanent and progressive and recovery therefran uncertain and indefinite, so that consequences not now anticipated may result from the said accident. I hereby agree that, as a further consideration and inducement for this compromise settlement, this settlement shall apply to all unknown and unantici- pated injuries and damages resulting from said accident, casualty or event, as well as to those now disclosed. I understand that the parties hereby released admit no liability of any sort by reason of said accident and that said payment and settlement in com- promise is made to terminate further controversy respecting all claims for damages that I have heretofore asserted or that I or my personal representative might hereafter assert because of the said accident. I further understand that such liability as I may or shall have incurred, directly or indirectly, in connection with or for damages arising out of the accident to each person or organization released and discharged of liability herein, and to any other person or organization, is expressly reserved to each of them, such liability not being waived, agreed upon, discharged nor settled by j� this release. In consideration of the aforesaid sum, it is agreed to indemnify and save harmless the above -named parties and they are hereby released of and from any claims and all liens including those that are under the Florida Reparations Act i or subrogation claims arising out of the aforesaid incident. SIGNED AND SEALED this u2 9 day of , 1984. (CAtf CN-READ BEFORE SIQQI ID by• • C,. . (SEAL) CARMEN THIN (SEAL) STATE OF FLWIDA) )SS: Y OMM OF DADE ) On this 9k day of �, 1984, before me personally appeared Carmen Thijn, to me known to a person who executed the foregoing instrument and acknowledged that she executed the same as her fr act and deed. My Commission expires: *� r NCITAR Nagy hblk, I" by owl d Um My Commiuion &*" JwM IL UU 84.1360