HomeMy WebLinkAboutR-84-1272J-84-942
September 28, 1984
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RESOLUTION NO. 84-JL272
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO LEE SCHILLINGER, ESQUIRE,
AND PATTY ROJAS, INDIVIDUALLY, AND PATTY
ROJAS, AS MOTHER AND LEGAL GUARDIAN OF ARNOLD
KEECH, A MINOR, THE SUM OF TWENTY THOUSAND
($20,000.00) DOLLARS, WITHOUT THE ADMISSION
OF LIABILITY, IN FULL, AND COMPLETE SETTLE-
MENT OF ALL BODILY INJURY, PERSONAL INJURY
PROTECTION LIENS, PROPERTY DAMAGE CLAIMS,
CLAIMS AI4D DEMA14DS AGAINST THE CITY OF MIAMI ,
AND UPON EXECUTION OF A RELEASE RELEASING THE
CITY FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Patty Rojas, individually, and Patty Rojas,
as mother and legal guardian of Arnold Keech, a minor, filed
a claim against the City of Miami for alleged bodily injury,
personal injury resulting from an accident outside a restaurant
called the Dolphin Plaza, at 2217 N. W. 7th Street, Miami,
Florida, on September 30, 1981; and
WHEREAS, the above claim has been litigated by the
Torts Division of the City Attorney's Office, and after a
thorough review by the Torts Committee of the facts involving
this case, it was unanimously agreed that it is in the best
interest of the City to settle same for a smaller amount
since if the case went to trial before a jury the jury verdict
could easily exceed our statutory cap. The City Attorney's
Office recommends that these claims be settled against the
City for the sum of Twenty Thousand Dollars ($20,000.00);
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 Lee Schillinger, Esquire, and Patty Rojas, individually,
and Patty Rojas, as mother and legal guardian of Arnold Keech,
a minor, the sum of Twenty Thousand Dollars ($20,000.00) in
two separate checks payable as follows: Fifteen Thousand
Dollars ($15,000.00) payable to Lee Schillinger, Esquire, and
Patty Rojas, as legal guardian and next best friend, and Five
Thousand Dollars ($5,000.00), payable to Lee Schillinger and
Patty Rojas, mother, in full and complete settlement of all
bodily injury, personal injury protection liens, property damage
claims, claims and demands.
CITY COMMISSION
MEETING OF
N 0 V 8 1984
RESOLUTION No 8 —1272
[REMARKS. 1
'A",
_
PASSED AND ADOPTED this 8th day of November ,1984.
i.
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
ATTEST:
F�PH G�.ONG"IE
CITY CLERK
PREPARED AND APPROVED BY:
GISELA CARDON E
ASSISTANT CITY ATTORNEY
APPROVED Aa--5� FORM AND CORRECTNESS:
�-�'IA �AGIIE
C RTY
CITY ATTORNEY
—2-
84-1272
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i
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
i
t To Honorable Maurice A. Ferre, Mayor "TF September 10, 1984 `'�E L-83-22
and Members of the City Commission
F rT Arnold Keech vs. City of Miami
et al., Case No. 82-9977 CA 28
(Public Works)
P/A: 2217 N. W. 7th Street
,ROM Gisela Cardonne FoERERI- Ni_ES Miami, FL
Assistant City Attorney D/A: September 30, 1981
Plaintiff Patty Rojas, as guardian and best next friend to
Arnold Keech, filed a claim against the City of Miami for
personal injury arising out of an accident at the Dolphin
Plaza Restaurant, at 2217 N. W. 7th Street, Miami, Florida,
where Arnold, a minor, was standing outside the restaurant
at an open take out window, drinking water from a dispenser
made available to the public. A car attempting to park in
the parking lot lost control and pinned Arnold against the
building. There is no issue of contributory negligence
since the plaintiff was stationary and did not violate any
traffic laws whatsoever.
The owner of the building had submitted plans to our Public
Works Department which showed a fixed glass window. Some-
how or other the building ended up with an open window.
Humberto Lopez, one of the building inspectors, testified
that his final inspection showed compliance with the plans.
Humberto Lopez was fired for reasons unrelated to this case.
Bernard Barker, another inspector also testified as to
compliance at the time of inspection, but also remembers
having lunch at the restaurant and seeing the open window.
Barker also no longer works for the City, and is a convicted
felon (breaking and entering, circa Watergate)
Mr. Salman, former chief inspector, testified that the City's
practice was not to enforce a final inspection on remodelings
for a certificate of occupancy which would have revealed the
non-compliance.
The plaintiff's theory of the case is basically the same as
the decision rendered in the Trianon case of negligent inspection.
The child's physical condition was good prior to the accident.
He has undergone three surgeries on one leg and one surgery on
the other to repair the fractures. As late as November, 1983,
he had a residual infection from the insertion of one of the
pins. His treating physician is Dr. Ballard, of the University
of Miami Mailman Center, who cannot assign a degree of
84-127'2
Yw
Honorable Maurice A. Ferre, Mayor, Page Two
and Members of the City Commission September 10, 1984
Re: Settlement Arnold Keech vs. City of Miami
Case No. 82-9977 CA 28
disability because of Arnold's age (14 years old now), but that
he will certainly suffer a permanency, probably aggravated by
arthritis. The Court -Appointed physician, Dr. Chiron's opinion
is along the same lines. Medical expenses exceed $20,000.
The Chief Zoning inspector at the time, Laura Howell, would
have testified that had the owner submitted plans for approval
as built" she would not have approved the plans since there was
an appearance of insufficient safety protection for pedestrians
between the parking lot and the area where pedestrians would
stand.
The plaintiffs originally demanded $50,000, but have agreed
to settle for $25,000.
The City Attorney's Office recommends that the City of Miami
pay $20,000, in full and complete settlement of this claim.
LAD/GC/ia
Attachment
(Resolution)
84-1272