HomeMy WebLinkAboutR-84-1172RESOLUTION N0. 84-11.72
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO OLGA NAJARA $23,000,
WITHOUT THE ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS, WORKERS'
COMPENSATION LIENS, CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI AND DEYANIRA
SUAREZ, UPON EXECUTION OF A RELEASE RELEASING
THE CITY OF MIAMI AND DEYANIRA SUAREZ FROM
ALL CLAIMS AND DEMANDS.
WHEREAS, Olga Najara filed a claim against the City of Miami
and Deyanira Suarez, for alleged bodily injury resulting from a
motor vehicle accident wherein Olga Najara was a driver in a
motor vehicle involved in a collision with a City of Miami Fire
Department vehicle on March 11, 1983, at East 2nd Street and East
2nd Avenue, Hialeah, 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 $23,000;
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 Olga Najara the sum of $23,000, without the admission
of liability, in full and complete settlement of all bodily
injury, personal injury protection liens, workers' compensation
liens, claims and demands against the City of Miami and Deyanira
Suarez, upon the execution of a release releasing the City of
Miami and Deyanira Suarez from all bodily injury, personal injury
protection liens, worker's compensation liens and claims and
demands.
PASSED AND ADOPTED this 110th� day of October , 1984.
Q Maurice A. Ferre
MAURICE A FE Eo
L E E
City Clerk
MEETING OF
OCT 10 M::
PREPARED AND APPROVED BY:
A•
ROBERT F6 CLARK
Deputy City Attorney
APPROV'E'D S TW'FC-)RM AND CORRECTNESS:
"U%..Lc% C%"WuwnE
City Attorney
RFC/wpc/pb/004
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FROM
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CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Maurice A. Ferrer
Mayor and ^mbers of the City
Commissidin I
Lucia A. Dougherty \
City Attorney \
DATE September 17, 1984 FILE: V-83-106
�D 6.,ECT Olga Najara vs. City of Miami
REFERENCES D/I: 3/11/83
L/I: E. 2nd Ave. & E. 2nd Street
ENCLOSURES Hialeah, Florida
Plaintiff, Olga Najara has made a claim against the City of
Miami and its employee, Deyanira Suarez for her negligent
operation of a City vehicle on March 11, 1983, at or near the
intersection of East 2nd Avenue and East 2nd Street, Hialeah,
Florida. It is alleged that the City driver, Suarez, ran a stop
sign and collided with Claimant in mid -intersection.
An independent witness has given sworn testimony and states
that the City operator ran the stop sign controlling the inter-
section. The City operator, herself, admits to having run the
stop sign, claiming that her brakes failed at the time but this
was never substantiated. Thorough investigation reveals that
liability is strictly adverse to the City of Miami.
Claimant Olga Najara is 51 years of age and resides at 666
West 32nd Street, Hialeah, Florida, 33010. She is represented by
Attorney Michael Libman.
Claimant was transported from the scene to Hialeah Hospital
where she remained for two weeks. The admitting diagnosis was
chest trauma, dorsal sprain, high anxiety from a vascular origin,
and tendonitis of the right shoulder. A CAT scan was performed
which proved normal. Claimant was treated conservatively during
_ her stay at the hospital with more than the usual amount of
radiologic studies due to a suspicion of a subdural hematoma
which eventually was ruled out. Upon discharge, Claimant was
seen by several doctors on an out -patient bases due to persistant
neurological and orthopedic complaints. She was discharged by her
main treating physician, Dr. Quintana in July of 183, with a
permanent partial disability of 5 to 8% to the body as a whole.
This permanent disability rating was the result of a residual
difficulties from the sprain to the cervical and dorsal spine,
the shoulders and to the left knee. Claimant medical expenses
are in the total amount of $11,232.30.
The Honorable Maurice A. Ferre, September 17, 1984
Mayor and Members of the City Page 2
Commission
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 appears to rest mainly with the City of Miami, the City
Attorney's Office recommends that the City of Miami pay
$23,000.00 in settlement of this claim.
LAD/RLD/wpc/ga/461