HomeMy WebLinkAboutR-84-1075J-84-772
8/13/84
RESOLUTION NO. 84-1075
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO TRIS TrR.RVJ,T,, WITHOUT
ADMISSTON OF YJARTIX.-Y, 'F11F. UM ("F $36,250.00
IN FUT.J, AND COMPLFITF, OP ANY AND
ALL CLAI:r'F, 70-J) PT-JIM,10-1 AG-ATNIT TTU-1 CITY OF
MIAMI, 111'0 1 THE F"FICU-1 * '10t--1 OF A RELEASE
RELEA,'-,-TNG TIA1111111-1 CITY OF M-1 FPOM ANY AND ALL
CLATMS AND DENW�Nl);,
WHEREAS,
Terrell, through her Attorney, Richard
Hoffman, E'sqnj.re, filed a claim against the City of Miami for
alleged wronciful death, resi,ilting from alleged 3.naoequate
treatment-- of City of Miami, Fire, Rescue and Inspection Services
on April 9, 1.980, at 174 Northwest 48th Street, Miami, Dade
County, Florida, and;
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office pursuant to Ordinance No.
8417, which creates the City of Miami's Self -Insurance Program,
and said office recommends that this claim be settled for the sum
of $36,250.00 (Thirty Six Thousand Two Hundred Fifty 00/100
Dollars) ;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to Iris Terrell, without the admission of
liability, the ruin of $36,250.00 (Thirty Six Thousand Two Hundred
Fifty aind 00/100 Doll«r-c�) ill Hill and settlei%:ient of any
and all v,,'ron3fL)l (leath and demand,,-., against th,-f City of
Miami, upon th� (,,),c-cution of a release, releasing the City of
Miami frowi C-211 claims and demands.
PASSED AND ADOPTED this 20th day of September ► 1984.
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
ATTEST:
Crry C0141MSIGN
IS
4YH INV
f — RA H G. ONGIE MEETING OF
CITY CLERK
SEC' 20 )964
PREPARED AND APPROVED BY:
RICHARD L. DRUKS
ASSISTANT CITY ATTORNEY
APPROVED AS , ) FO D CORRECTNESS:
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANOUM
le 1
I
TO! Honorable Mayor and Members
of the Cj_ y Commission
FROM; .»"
Lucia A. DnLlrTher ty
Citv Att.ornev
DATE. August 10, 1984 FILE: VC-80-147
L-82-36
SUBJECT: Iris Terrell, et al., vs.
City of Miami, et al.
Case #82-3557-CA-10
REFERENCES. D/ I: 4/ 9/ 8 0
L/I: 174 N.W. 48th St., Miami
ENCLOSURES
Plaintiff Iris Terrell, as widow and personal representative
of the estate of Ernest Terrell, has brought a wrongful death
action against the fit.y of Miami and its Medical Advisor, Dr.
Bernard F15pr, Pnd Randle Eastcrri Amhulance Service for the
negligent lintirilinr_- of an emergency call for Erldir� Terrell Fire,
Rescue 4,ra!, cal led tr-i tide Tr,r_rr>I1 llor,le nn Agrtend
to Mr. Trrrrl1 whn i,ar3.-: rxperirnrIng �cvere cn,ighitic] and r1lost
pains rand r,clmr ntrr?brie r>s It o tho rlppr I' ext rr r;iI i i es
The
Plaint iff i y rrprn;riit
hy 111ch,zrd `;.
Hoffman, Esq. The
City of
fi 'ImI i,, Co -Dr- fondant
with R,-,ndIr
Eastern Ambulance
Service,
;-,cd Thr,mn7s J,
Hni-onn. Esq-
Mr. lel•r,r,J_i h;,d hr-cn
�7If frrinn f`rorra chest. cold and had
some couoll rtcriicirtr th,l' r;n:
111\,rn to by hi_s rv.i_fe. There was
no nitror.rl��cr�r li; Cil:'>>r+,�=r:r�
Q no i;(, t <ak:=n, and no continuous
monitor ill(] c; f v i It
Cdr:;cribcd in Procedures and
Protocol, f'i i y I, V _,, a 1
1 rr ,,nu Insllcc .lore services,
a iec�hcretr), (_.�;;�cnt i��J
Jti, t_hc cosldit ion wa r:valuated as not
serious, and Rondlc Ei.�turrr
sumrr,oncd to transport 1•1r, Terrell
to a hospi t al . 11)e f
r_, Resc,iie t er m d id not bike any
significant rrse,ye>etrr:; nthr:r
tI obt irininn vital. '31011 ; 311d it took
approximat ely 20 minutr-r3 until
Randle Ear,t.ern Ambulance arrived.
During this i nt_rsr' irn thr,rc was
consi r.tr,rah le canst ernat ion on t►ie
part of s3cvcr;:--,1 of the TorrelI
ciii di r,n, in at (rndancr .3t, the
time, regarding) the Zack of
care hclnr, rrntc:red 1 o 11r. Terrell,
but ap1)arr,rrt Iy' t he f i re,
Rescue t r.<=r,r did riot perceive the
situation c.. be lfig serious.
Mr. Tc rrrJJ rent into cardiac arrest
and expired crl route to
the 1;o:pitr J it) the Randle Eastern
ambulance.
At th.>
ti;,ie of the incident, 1 r. Terrel_1
►vas 51 years
of
age, retired
vVito cn unrel;It Od orthoped-,c ronditioil,
and collec-
ting `SOCI,ll
Security 1)enefits, ftrt7. Terrell has
been depoSed
and
is ev:�lui;tr=c?
s a
Several of
the
decedcnt r;<
CI11JC r[in Iyer L' prt'rSC'llt t. thr' t irrte of
the incldr'nt.
and
on depo. it_ ioil
arc very r'.rit'Ciil of th£' 1 11'(t, RC'ficue
t(_I
Plaint i 1* t- lea ohvioue>ly t I a v u 11fl r II the tIIeory that our
people negli.gent 1 y fai led to 31ppreciate a ser i ous coed i t i on and
initiate the appropriate procedures when there was a reasonable
84-1075
=T
Honorable Mayor and Members
of the City Commission
August 10, 1984
Page 2
suspicion that the chest pain might be related to angina pectoris
or an acute myocardial infarction.
The Plaintiff's attnrney has retained two experts who have
been deposed.
Dr. .?av A Levine, rdiovascular. specialist, has
expressed I h r nl_)inion t hnt_ th€, amn+.rnt and sufficiency of rare was
If gross insufi'ir. not 'Ind inndnctrra_t'e." Iie viiII further testify
that had propor hcr-n rlr?dr'rt alien, there %:ouid have been
an 80% chance for .'311T'vIval .
John !_.
13nmnn, a ttar�rrnr.diI,
with the t3rn-rard
County
Emergency 19eriie:a_l
5r,rvice , 1)1s also
been retniTie(i a�= ari
expert.
Mr, R Roman is
n
(,,r-rt ifir,rJ CPR in-;t_r(rctor
end ')n instructor/
trainer ari 11)
t he Amrr'i
ran 11e<31-t Assnr,
i at .ion and the Ainc r i can Red
Cross. Tt ie�
t1r.
t3o4�rmanIs of) jnion
that the initial assessment
and care Glen,
vr,rV
Jrrcompletc, ,and had
it been up t.o the
minimum
standards, there
vrnuld have hr rn a
good probability
that Mr.
Terrell r,,,ould
linvcs
si_rrvivcd.
00t.1) experk.s arr' of t11P opinion that had an EKG been
performed, r•t•arning sir3ns for cardiac arrest would have been
detected.
Our employed, Dr. Bernard Elser,, has admitted on deposition
that more should have been done for Mr. Terrell and he should
have been transported more expeditiously.
Mr.
Terrell was 51 years
old at the time of his death.
The
medical
and funeral expenses
are approximately $2,000, and
the
primary
eI.ement of damages is
directed to the value of the
loss
of support and nrrvices, the
wife`s mental. pain and anguish,
and
loss of
net accun;ul zit ions.
This claim 11��;; heen investigated by the City Att.orneyIs
Office in accord`ner:, with Ordinance No. 8417, r•.I1ich created the
City of Miami's Self -Insurance Program. Ire view of the liability
which appears to rest ina.1nIy with the City of 11iair, i, Fire,
Rescue, the City Attorney's Office recommends that the City of
Miami pay $36,250.00 in settlement of this claim.
RLD/wpc/ga/322
�- 84-1075
CITY OF MIAMI. FI_ORICA
INTER -OFFICE MEMORANDUM
39
-C Honorable Mayor and Members LATE September 10, 1984 VC-80--147
of the City Con nission
f-uBJFCT Iris Terrell vs, City £'
of Miami
Case No. 82-3557--CA 10
y'
a A. Dougherty REF EPrN�CS D/I [/Q/Juc�
City Attorney L/I: 174 N.W. a8th Street
ENCLC=.. F?ES Miami, Florida
The attached resolution appears to have been omitted from ;
the agenda of September 13, 1984. Due to the subject matter, we
j request that you consider this ite, as a nonscheduled agenda -item.
1 The attached cover memorandum explains in detail the basis for our
recommendation of favorable adoption.
I -
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