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HomeMy WebLinkAboutR-84-1286J84-1071 W RESOLUTION NO. 84-1286 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARK SHANTIZ THE SUM OF $7,500.00 WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. WHEREAS, Mark Shantiz filed a claim against the City of Miami, for alleged bodily injury resulting from an accident, while playing baseball, wherein Mark Shantiz received an injury when he collided with a fixed light standard on June 26, 1979 at Grapeland Heights Park, 1550 N. W. 37th Avenue, Miami, Dade County, Florida; and WHEREAS, the above claim has been investigated by the Risk Management Division in accordance with Ordinance No. 8417, which created the City of Miami's Self -Insurance Program, and the said Division, together with the City Attorney, recommend that this claim be settled, without the admission of liability, for the sum of $7,500.00; 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 a. to Mark Shantiz the sum of $7,500.00, without the admission of liability, in full and complete settlement of all bodily injury claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami, from all bodily injury claims and demands. CITY COMMISSION PASSED AND ADOPTED this 8th day of November , 1984. Maurice A. Ferre MAURICE A. FERRE, MAYOR ATTEST: LPH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: a.,I /. ROBERT F. CLARK, DEPUTY CIT ATTORNEY F 84-1286 J84-1071 CITY OF MIAMI. FLORIOA INTER -OFFICE MEMORANDUM f TO orable Member f the BATE October 24, 1984 FILE 1 y Comm' s SUBJE�-' Mark Shantiz vs. City of Miami ;ia ti D/A: 12-14-76 7 FROM ug erty REFFRENf.ES L/A: Grapeland Ball Park y Attorney i ENCLOSURES a -4 Mark Shantiz, filed a claim against the City of Miami, involving personal injuries. This incident occurred on June 26, 1979, at Grapeland Heights Park, 1550 N.W. 37th Avenue, Miami, Florida. The ownership and operation of the park is the City of Miami's responsibility. Mark Shantiz was involved in an accident while playing baseball. He received an injury when he collided with a fixed light standard. His injuries include: post concussion syndrome, and two facial scars. His primary physician was Dr. Irwin Lighterman. A permanent injury of facial scars resulted from this loss. The total medical expenses incurred are $587.75. Additional projected medicals of $3700.00 will be incurred in the future for plastic surgery. All medical expenses have been verified as to being correct. This matter can be settled for $7500.00 respectively. The above claim has been investigated by the City Attorney's office and in accordance with Ordinance No. 8417, which creates the City of Miami's Self -Insurance Program, and said office recommends that the City of Miami pay $7500.00 in settlement of this claim. CC: City Manager City Clerk _ '-.� U 3 d 3 0 i1a, nj L� E 9l 130 84--1286 �r CITY OF MIAM1. FLORIDA INTEROFFICE MEMORANDUM TO. Lucia A. Dougherty City Attorney FROM: Donald C. Dun Assistant Finance Director Risk Management Division DATE: October 19, 1984 ALE: SUBJECT Ambassador Insurance Company REFERENCES: ENCLOSURES: One of the City's former insurance carriers, Ambassador Insurance Company, was placed in liquidation on September 12, 1984 by the Circuit Court of Leon County, Florida. Ambassador Insurance Company provided General Liability insur- ance for the City's parks, pools and playgrounds from 1978 through November 1, 1981. The limits of liability on this policy were $100,000 per person and $200,000 per occurrence for bodily injury. We have 4 claims in litigation from the time period of 1979 through 1981. Ambassador Insurance Company was notified of these 4 cases, and retained the firm of Lanza, Sevier, Womack and O'Connor, P.A. as counsel for the insurance company. The firm has continued to work on these cases even though Ambassador has been in rehabilitation and in liquidation. Presently, one of these open claims is set for trial October 22nd. This case involves an adult named Mark Shantiz who was playing softball. Mr. Shantiz ran for a fly ball and struck a pole in the field. The specials are less than $1,500. However, there is a City employee who has been deposed and who states that the pole and the softball field were improperly placed and insufficiently protected for safety factors. We have reserved the claim at $20,000 for bodily injury and $3,500 for expense reserve. We have been advised by Attorney Hector Lombana of Lanza, Sevier, Womack and O'Connor that he has the opportunity to settle this claim with Mark Shantiz and his attorney. He believes that this claim can be settled pretrial for $7,500. You should note that Ambassador Insurance Company previously offered $10,000 to settle this claim. However, the claimant and his attorney refused this amount due to the uncertainty of ever receiving it from Ambassador Insur- ance. We are recommending that a $7,500 settlement be approved, subject to formal approval of the City Commission. We feel that this amount will fore- stall future expenses for outside counsel and court trial costs. In addition, Mary Hyams and myself wish to set up an appointment at your convenience to review the three claims now in liti?100,000 ation from Ambassador Insur- ance. These three claims represent approximately in expense to the City, and we wish your direction in attempting to minimize the City's liabilities. APPROVAL SETTL T $79500: LUCIA-A.-DGHERTY City Attorney 6/ 190 rf 84-1286 i To. Lucia A. Dougherty City Attorney, and the Torts Cc,,nmiittttee _ FROM: Donald C. Dunlap Assistant Finance Director Risk Management division CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM O^rE October 16, 1964 FILE:VC79-213L tiUBJCCT REFERENCES: ENCLOSURES: dark Shantiz vs. City of Miami D/A: 12-14-76 L/A: Grapeland Ball Park At the time the loss occurred the City of Miami was insured by Ambassador Insurance Company, which is in bankruptcy. At this time it is recommended that the City advance the money on behalf of Ambassador Insurance Company. The Law Firm of Lanza, Sevier, Womack r: O'Connor is handling this file as outside Counsel for Ambassador. Hector Lombana of that firm is handling this particular file. Please refer to the attached copy of Mary Hyams memo dated October 16, 1964. Facts The claimant was playing center out field in Grapeland Park. At or about 8:40 p.m. on June 26,'1979, he ran to catch a fly ball, and collided with a wooden light pole. The claimant struck his head against the light pole and received injuries. witnesses Mr. Miller - The scorekeeper of the park during the game, states that prior to this game at one time there were tires around the telephone pole. They had been removed and a small amount of dirt was placed in the shape of a mound around the pole to warn the players. There are currently tires which have been placed on the pole. Mr. Charles Dardick - Is a friend of the plantiff and stated that on the night that the accident occured, the mound of dirt that surrounded the pole was very small and did not give any real warning to anyone about the location of the pole. Claimant The claimant is Mark Shantiz age 26 of 14695 N.E. 18th Avenue, Miami, Florida. At the time of the incident he was employed with Oppenheimer as an Executive. His medical specials are as follows: q Facility Date Amount z Dr. Michael Gilbert 07/03 - 07/07/79 $245.00* Dr. Irwin Lighterman 01/28/80 1.75.00 Coral Gables Hospital (Emergency Room) 12/14/76 167.75 Total $587.75 84-1286 Lucia A. Dougherty -2- October 16, 1984 City Attorney, and the Torts.Committee Projected future bills Dr. Irwin Lighterman $2,200.00 Hospital 1,500.00 Projected Total $3,700.00 * Dr. Gilbert's bill is allegedly $1,195.00. However the only bill that we have records for is the $245.00 Dr. Lighterman states the claimant would need a dermabrasion to correct as much of the scarring as possible. This would of course be a medical expense in the future to be incurred by the claimant. Dr. Michael Gilbert, M.D. - Diagnosed the claimant as having post concussion syndrome. Dr. Irwin Lighterman, Maxillofacial Plastic Surgeon - Diagnosed the claimant as having a curved semi -circular scar left lateral eyebrow the size is 1.9 x .2cm. This scar is barely noticeable at conversational distance. The second scar is located at the upper lateral eyelid 2.3 x .2cm. This scar is noticeable. In addition the claimant alleges lost time and wages. The plantiff's attorney alleges that he lost approximately $250,000 worth of income. This has not been substantiated by any means. In the plantiff's deposition in request to produce he showed income tax returns for the year of 1979, showing he earned $50,229.00. In 1980 he earned $19,421.00, and in 1978 he earned $26,603.00. During the years of 1977 he earned $18,989.00, and 1976 $11,846.00. He was unable to produce any evidence for the allegation of his lost time. Evaluation Settlement of this matter would affect two.other claims, possibly setting a pre- cedent to pay an additional $30,000 to $60,000 plus legal costs. This claim can be settled for $7,500.00. Trial is set for the period of October 22, 1984. 84-120,"