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Home My WebLink AboutR-84-0660-- � fir` :Y,,, • " - ',;Y• �:., - .-4'�•.?°3... 'u _ a - 4 'c' 4-444§0 5/20/84 RESOLUTION NO. • A RESOLUTION AUTHORIZING TIP, DIRECTOR OF FINANCE TO PAY TO ROSA B. SMITH 'THE • SUM OF - FORTY THOUSAND DOLLARS ($40i000.00)o WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, WORKER'S COMPENSATION LIENS, HOSPITAL LIENS, 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, Rosa B. Smith, through Robert Worley, Esq., her attorney, filed a claim against the City of Miami for alleged bodily injury, personal injury protection liens, hospital liens, worker's compensation liens, claims and demands resulting from an accident wherein Ms. Smith fell on a defect in a City sidewalk on January 25, 1983 at or near the location of Northwest 65th Street and Northwest 2nd Place, Miami, Dade County, Florida; and WHEREAS, in accordance with Ordinance No. 8417, which created the City of Miami's Self -Insurance Program, the City Attorney's Office recommends that these claims be settled without the admission of liability, for the sum of Forty Thousand Dollars ($40,000.00); 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 Rosa B. Smith the sum of Forty Thousand Dollars ($40,000.00) without the admission of liability in full and complete settlement of all bodily injury, personal injury protection liens, hospital liens, worker's compensation liens, claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all bodily injury, personal injury protection liens, hospital liens, worker's compensation liens, claims and demands. CITY COMMISSION MEETING OF JUN 14 W Ian .40. _84-660. R 111 .t • � .., - — aR m � �S s 404 thill "day of t� t amr 44. MAURICE A. PgRAE, M&YOr ATTEST % _4+3 _ 1! RALPH G. ONGIE City Clerk PREPARED AND APPROVED BY: Z)X_4 -,A JULIA J. ROBERTS i Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: E GARCIA-PEDROSA City Attorney JJR/wpc/pb/479 2 °�iM.:y�"v��..,`'�''t"�>`.m :-:-',nn}a"�?•�i�r "��ii`-cA�- - - � - _ --_ � ma`s.., .,�%4:.� oY,:. - ,1•t�.. - - U V� 51 CITY OF MIAMI, FLORIOA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM Jose Garcia -Pedrosa City Attorney e a — DATE.May 30, 1984 FILE: GL-83-058 & L-83-185 SUBJECT. Rosa B. Smith v. City of Miami Circuit Court Case #83-37622(22) REFERENCES D/1: January 25, 1983 L/1: Northwest 65th Street & ENCLOSURES: Northwest 2nd Place Plaintiff Rosa B. Smith filed a claim against the City of Miami through her attorney, Robert Worley, Esq., to recover for personal injuries received by Rosa B. Smith due to a fall on a City of Miami sidewalk defect. The accident occurred on January 25, 1983 in the afternoon at or near the intersection of Northwest 65th Street and Northwest 2nd Place, Miami, Florida. A corner of a sidewalk flag had cracked and separated from the rest of the sidewalk flag. When Plaintiff stepped onto the corner of the sidewalk, the smaller piece tilted, causing her to fall into nearby shrubbery. Although the City of Miami was not aware of this condition and had not received any complaints concerning this condition prior to this accident, evidence from residents in the area indicated that this condition had existed for several years prior to Plaintiff's fall. Responsibility for the maintenance and repair of the sidewalk and the correction of any defects therein rests primarily with the City of Miami. Rosa B. Smith was 74 years old at the time of this accident. She sustained an aggravation to a prior knee injury, low back and neck injuries, and alleged a heart condition which she attributed to the stress of the accident and the treatment she had to undergo thereafter. Although x-rays of Mrs. Smith after the accident indicated arthritic problems with the neck and back and although she had suffered a prior injury to her right knee in 1970 which resulted in the removal of her right knee cap, all evidence from prior employers and friends of Mrs. Smith indicated that she was basically asymptomatic for those conditions at the time of the 1983 accident. After the 1983 trip and fall accident, Mrs. Smith was hospitalized four times by her treating doctors, Robert Gonzalez and Dr. Roberto Moya. Dr. Gonzalez, a general practitioner, assigned an 8% disability to the body as a whole due to her continuing and worsening heart condition. Dr. Moya, an orthopedic doctor, assigned her a minimal disability due to her back injury. Plaintiff's medical bills for treatment, including medication, totaled over $26,000.00. 84•"'64-60. , �, sip? �'9,�;t,`•,': :_' -. _ _ - � - n:- ;;k„.. 'i - s Honorable Mayor and Members May 30, 1984 of the City Commission Page 2 The City of Miami had Plaintiff examined by two independent medical examiners, Dr. W. Scott Piper, III, an orthopedic surgeon, and Dr. Neil Kaplan, an internist and board eligible cardiologist. Dr. Piper found an aggravation of Plaintiff's pre-existing orthopedic condition. Dr. Neil Kaplan felt that Plaintiff's heart condition probably pre-existed this accident. - In addition to the medicals incurred by the Plaintiff, she was unable to continue working as she had before the January, 1983 accident. Prior to the accident, she was doing domestic work three days a week, earning $25.00, $30.00, and $35.00 depending upon the client. Although she attempted to return to work after the January, 1983 accident, she found that she was no longer able to move well enough to do the work required. Also, she had to hire a girl in the neighborhood to come in and do cleaning and laundry for her on a monthly basis. All of the medical expenses and other damages have been verified as to correctness. The original demand that Plaintiff presented was for the $100,000.00 limit established under Florida Statutes, Section 768.28. This was later reduced to $50,000.00. After extensive discussions and negotiations, this matter can now be settled for $40,000.00. This claim has been investigated by the City Attorney's Office in accordance with Ordinance No. 8417, 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 and the substantial amount of medical bills which are related by Plaintiff's treating. doctors to this accident, the City Attorney's Office recommends that the City of Miami pay $40,000.00 in settlement of this claim. /W JGP/JJR/wpc/ab/481 Enclosures (1) Z i t