HomeMy WebLinkAboutR-84-1439r
J-84-1191
12/04/84
RESOLUTION NO. H4— 1439-
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO PASCUALA GUILLERMINA
FRAGELA THE SUM OF NINE THOUSAND DOLLARS
($9,000) 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, Pascuala Guillermina Fragela filed a claim against
the City of Miami through her attorney Steven S. Kirou for
alleged bodily injuries and pain and suffering and future medical
expenses resulting from falling as a result of a hidden defect on
the sidewalk on 43rd Avenue north of the intersection of West
Flagler Street, Miami, Florida, on January 12, 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. 8417 which created a City of Miami self-insurance
program, the City Attorney's office together with the Risk
Management Division of the Finance Department recommend that this
claim be settled, without the admission of liability, for the sum
of Nine Thousand Dollars ($9,000);
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 Pascuala Guillermina Fragela the sum of Nine Thousand
Dollars ($9,000), without the admission of liability, in full and
complete settlement of all bodily injuries, past and future
claims, and expenses, counterclaims demands against the City of
Miami, from all bodily injury past and future claims, expenses,
counterclaims and demands.
PASSED AND ADOPTED this 13th day of DECEMBER , 1984.
ATTEST:
-- LPH . ONGIE
C y Clerk
MAURICE A. FERRE
MAURICE A. FERRE, Mayor
CITY COMMI''.F�'..iiV
MEETINC
DEC 1:1 1984 A 1
ON No. 84 -143b
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PREPARED AND APPROVED BY: ,-
(-AlqA7MKIA CARNESOLTAS
sistant City Attorney
APPROVED AS,. -FORM "AND COtRECTNESS
LUCIA A. DOUGHERTY
City Attorney
AMC/wpc/pb/206
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CITY OF MIAMI, FLORIDA
93
INTER -OFFICE MEMORANDUM
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November 30 1984 -
To
The Honorable Mayor and DATE , FILE
Members of the City Commission
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Pascuala Guillermina Fragela
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SUBJECT.
v. City of Miami
Case No. 83-2268
D/A: January 12, 1982
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FROM,
REFERENCES: L I: 43rd Ave. North of the
Lucia A. Dougherty /
City Attorney Intersection of W. Flagler St.
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ENCLOSURES
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Pascuala Guillermina Fragela, through her attorney, Steven
Kirou, filed an action against the City of Miami to recover
damages for injuries received when she tripped over a metal stub
protruding on the sidewalk and fell to the ground. The accident
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occurred on the morning of January 12, 1982? on the east sidewalk
of 43rd Avenue about 15 feet north of the intersection of West
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Flagler Street. This was the first time that Mrs. Fragela, who
was then 72 years old, had been in the area on foot.
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There was no evidence uncovered that would establish whether
the metal stop was from a sign post. The testimony at deposition
of City Public Works representations was that the City had no
notice of the defect. However, there was evidence that 10 months
after this claim was made, the defect was still in the sidewalk.
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The County, although not admitting it was one of its sign posts,
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has settled the case for $9,000.
Mrs. Fragela suffered a fracture to her left wrist and was
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hospitalized 9 days as a result of the accident. She was seen by
Dr. Santiago Casanova who gave her a 25$ partial permanent
disability of the left arm. She was also seen by Dr. Manuel
Alzugaray who gave her an 11% permanent disability of the left
arm. She still continues to experience pain in her left wrist
and shoulder area. Her total medical bills were $4,326.21.
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The Plaintiff's attorney made a demand from the City of
$ 30 , 000. He has agreed to accept $9, 000 from the City in
settlement of this claim.
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This claim has been investigated by the City Attorney's
the
Office in accordance with Ordinance No. 8417, which created
City's Self -Insurance program. The City Attorney's Office
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recommends that the City of Miami pay $9,000 in settlement of
this claim.
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