HomeMy WebLinkAboutR-84-1388Sr-
J-84-1031
10/18/84
RESOLUTION NO. 84--1388
A RESOLUTION I AUTHORI ZING THE DIRECTOR OF
FINANCE TO PAY TO PEDRO LOPEZj' WITHOUT
ADMISSION OF LIABILITY,='THE SUM OF $41,433.37
IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, UPON THE EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS.
WHEREAS, Pedro Lopez, through his Attorney, Steven Kirou,
Esquire, filed a claim against the City of Miami for alleged
negligence, resulting from a motorcycle accident at the
intersection of Southwest 8th Street and 27th Avenue on July 15,
1982, Miami, Dade County, Florida; and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office pursuant to Ordinance No.
84-17, which creates the City of Miami's Self -Insurance Program,
and said office recommends that this claim be settled for the sum
of $41,433.37 (Forty -One Thousand Four Hundred Thirty Three and
37/100 Dollars);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to Pedro Lopez, without the admission of
liability, the sum of $41,433.37 (Forty -One Thousand Four Hundred
Thirty Three and 37/100 Dollars) in full and complete settlement
of any and all negligence claims and demands against the City of
Miami, upon the execution of a release, releasing the City of
Miami from all claims and demands.
PASSED AND ADOPTED this 13th day of DECEMBER , 1984.
MAURICE A. FERRE
MAURI E A. FER E
MAYOR
EST:
/ CITY COMMISSION
TC/ MEETING OF
VRALPH G. ONGIE
ITY CLERK DEC1S 1984
RESOLUTION N M --13"
PREPARED AND APPROVED BY:
4
-11clHARD L. �-DRZUKS
&SSISTANT CITY ATTORNEY
APPROVED
rvvan ['ate LVVV
CITY ATTORNEY
RLD/wpc/ab/129
CORRECTNESS:
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO
Honorable Mayor and Members T ` October 23, 1984 "LE L-83-168
of the Cit mis
kiS-It _.T Pedro Lopez v. City
of Miami
Case No. 83-35223
FROM Luc a A. Dougherty vF"`R`" FsD/I: July 15, 1982
City Attorney L/I: S.W. 8th Street & 27th Ave.
ENCLOSURES Miami, Florida
I Police Officer, Charles Taylor, was operating a City of
i Miami Police Department motorcycle and was on his way to a
funeral escort traveling eastbound on Southwest 8th Street, on
the median line separating the right traffic lane from the left
traffic lane. As Officer Taylor approached the intersection of
Southwest 27th Avenue at approximately 5 MPH, traveling to the
{ left of an unidentified eastbound bus which had stopped for a red
light, pedestrian, Pedro Lopez, walked into his path. The
pedestrian was proceeding north at the time the motorcycle made
contact. There is a conflict in the testimony as to the exact
1 location of the accident. Plaintiff Lopez claims he was exactly
at the beginning of the intersection and in the crosswalk, and
Officer Taylor claims Plaintiff was approximately 47' west of the
intersection with Southwest 27th Avenue.
The investigation was conducted by Officer Taylor and
another Miami Police Department officer. Plaintiff', Pedro Lopez,
was cited for jaywalking. There is no known outside witness to
this matter.
The bus driver was not held at the scene and was allowed to
leave unidentified. Several attempts have been made to identify
the bus driver. Our investigators have inquired at all of the
local bus terminals in an attempt to identify the bus and its
=, operator, but this was to no avail.
At the time of this accident, Plaintiff, Pedro Lopez, was 50
years of age and single. He was employed in the Maintenance
-'i Department at Trail Dodge, which is no longer in business. He
later obtained work at Luby Chevrolet and there is a wage loss
claim of approximately $1,600.00. Mr. Lopez has no prior
�( personal injury claims and makes a likeable, credible witness.
n
84-JL388
WHEREAS, the Property and Lease Management Division of
the Finance Department and the Office of Marina Development
concur in their recommendation to waive the said $29650
1
rentals requested by said Club;
CITY COMMISSION
MEETING OF
DEC 19 NP
Ito..
Honorable Mayor Maurice Ferre and October 23, 1984
Members of the City Commission Page 2
As a result of the accident, Pedro Lopez suffered a fracture
to his left ankle. Mr. Lopez suffered from a pre-existing
diabetic condition, and consequently, suffered severe
complications in the recovery of the ankle injury. Mr. Lopez has
undergone four separate surgical procedures in an attempt to
obtain proper healing of the ankle and the surrounding tissues.
The ankle has never healed properly nor the surrounding tissues
and the Plaintiff is left with severe limitation to the mobility
of the ankle. There have been severe arthritic changes and the
treating doctor has assigned a 40% permanent disability to the
affected area. The treating doctor has further indicated that
Mr. Lopez will either require a fusion to the ankle or a complete
ankle replacement in the future, although the prospect of
successful reconstructive surgery is complicated by the diabetic
condition. The special damages are approximately $40,000.00 with
the expected future medicals to run approximately $8,000.00 to
$10,000.00.
Assuming liability is clearly upon the City, damages in this
case would be approximately $150,000.00. Officer Charles Taylor
is an extremely competent and credible witness and due to the
lack of independent witnesses, the case comes down to a swearing
contest between Officer Taylor and Pedro Lopez. The sympathy
aspect of this case cannot be overlooked in that Mr. Lopez is a
man of very modest means and a jury could easily be moved to
compensate this man beyond what he might be entitled to. It
could be reasonably anticipated that a jury would determine this
be a 50/50% comparative situation, which would result in a
verdict of approximately $75,000.00 against the City.
This claim has been investigated by the City Attorney's
Office in accordance with Ordinance No. 84-17, which created the
City of Miami's Self -Insurance Program. In view of the liability
which partially appears to be with the City of Miami, the City
Attorney's Office recommends that the City of Miami pay
$41,433.37.
LAD/RLD/wpc/ab/128
Enclosures (Resolution)
54-1388