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HomeMy WebLinkAboutR-84-1247J-84-941 September 28, 1984 RESOLUTION NO. 84—ioko 47 ' A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARIA ARMAS AND JUAN ARMAS, THE SUM OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00), WITHOUT THE ADMIS- SION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, PROPERTY DAMAGE CLAIMS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. WHEREAS, Maria Armas and Juan Armas filed a claim against the City of Miami for alleged bodily injury, personal injury protection liens, and property damage resulting from an accident when the driver, Juan Armas, ran a stop sign as he was driving East on Southwest 24th Terrace which stop sign was almost totally covered by foliage from a tree whose leaves protruded over a fence; and WHEREAS, the above claim has been investigated by the Torts Division of the City Attorney's Office and in accor- �k dance with all the facts and circumstances involving the complex- ity of this case, the said office recommends that these claims - be settled for the sum of Twenty Five Thousand Dollars ($25,000.00); 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 Maria Armas and Juan Armas the sum of Twenty - Five Thousand Dollars ($25,000.00) in full and complete settle- ment of all bodily injury, personal injury protection liens, property damage claims, claims and demands against the City of Miami upon execution of a release releasing the City of Miami r from all bodily injury, personal injury protection liens, property damage claims, claims and demands. r � 9 : f 5 wfi�}.0 CITY COMMISSION MEETING OF y 7• NOV 8 1984 3 ' RESOLUTION No. 84-124 k k.. =- REMARKS. _- 0 PASSED and adopted this 8th day of November 1984. Maurice A. Ferre MAURICE FERRE, DMYOR ATTEST: R.AtPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: —GIJe CARDONNE�� ASSISTANT CITY ATTORNEY APPROVEDFORM AND CORRECTNESS: 6C 4 UGHERT CITY ATTORNEY -2- EMMEMM f �{,•a-.,,: CITY OF MIAP.11. F'L_ORIDA INTER -OFFICE_ MEMORANDUM ,r The Honorable Mayor, Maurice September 27, 1_984 L-80-40 Ferre and M ers of the City E: - Maria Armas and Juan Armas Commissio r vs. City of Miami, Otto Valdes, Metro -Dade County and Nita ( r Prieto Maercks. FFlom Lu6_ia­A Doughe ""'`` ` Circuit Court Case No. 80-4415 City Attorney Plaintiffs, Maria Armas and Juan Armas, file a claim against the City of Miami through their attorney, David S. Wieder, for personal injury arising out of an accident which occurred on July 30, 1978, at Southwest 24th Terrace and 34th Avenue at 3:00 a.m. Mr. Armas was driving and Mrs. Armas was a passenger in the front passenger seat of the car. Plaintiff, Juan Armas, was driving East on Southwest 24th Terrace and basically ran a stop sign which was almost totally covered by foliage from a tree whose leaves protruded over a fence. The Armas vehicle was hit on the passenger side by the other vehicle resulting in extensive damage to both cars. At the time of the accident the husband was 68 years old, in reasonably good physical condition. He suffered fractured right 7th, 8th and 9th ribs with secondary plural effusion and aggravated spinal arthritis, narrowing of the C-6 and C-7 vertebrae. He also claims depressive anxiety syndrome, acute dorsal lumbo-sacral sprain, and some of the EKGs may show changes consistent with stress. His medical bills amounted to $7,565.70. Mrs. Armas, was 57 years old at the time of the accident with some prior foot problems. She suffered a fractured right clavicle, fractures of the first and third ribs on the right side. Further, she fractured her right pelvis area. Mrs. Armas was subsequently hospitalized for correction of the second right toe at Mercy Hospital from July 1, 1979, to July 14, 1979. She was readmitted at Mercy from October 28, 1979, to November 1979, for a similar surgical correction of the left foot. I question very much whether these two surgeries were accident related, but plaintiffs will make the argument that the extent of the accident related trauma was such that it aggravated her pre-existing foot conditions. Her medical bills amounted to $14,392.00. Both parties are very credible, well dressed, well mannered, and will have quite a bit of jury appeal. As far as I know there were no prior claims by either party. Both parties claim permanent impairments as a result of this accident, as well as the usual 84-1247 mad AV Honorable Mayor The Hono , Maurice Ferre and Members of the City Commission page Two September 27, 1984 Re: Settlement - Armas VS. City #80-4415 - L-80-40 claims for the loss Of consortium and companionship of each other. ither the County or the City There is no indication that e the with stop sign. A few had any notice of any problem n the portions days after the accident,the City cut dow h of the tree which were protruding on to t e sidewalk and sign. Although the city could object covering the stop medial measuret to the introduction of this evidence as a re may argue to the Court that it should be the plaintiffs M, introduced as a sign of control over the trees. There is he no issue in this case that t traffic control device was a County installed stop sign - considering the extent of the injuries, the condition of the stop sign at the time of the accident, the credibility othe plintiffs and the amount of medicl bills involved, 1f requestasettlement authority Of $25,000-a00- LAD/GC/ia Enclosure (Resolution)