HomeMy WebLinkAboutR-84-05680
13
J-84-427
RESOLUTION NO. 84' 536b
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ROY HERBERT THE SUM OF
$45,000, WITHOUT THE ADMISSTON OF LIABILITY,
IN FULL AND COMPLETE. SrT'I LEMI:INT OF ALL BODILY
INJURY, PERSONAL INJURY I'ROTI.CT.TON LIENS,
WORKERS' COMPENSATION LIENS, CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND ROBERT
ANTHONY NIGRO, AND UPON EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI AND
ROBERT ANTHONY NIGRO FROM ALL CLAIMS AND
DEMANDS.
WHEREAS, Roy Herbert filed a claim against the City of
Miami and Robert Anthony Nigro, for alleged bodily injury resulting
from a motor vehicle accident wherein Roy Herhort was a driver in a
motor vehicle involved in a collision with a City of Miami vehicle on
April 20, 1981, at N. W. 62nd Street and N. W. 2nd 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 $45,000;
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 Roy Herbert the sum of $45,000, without the admission of liability,
in full and complete settlement of all bodily injury, personal injury
protection liens, workers' compensation liens, claims and demands against
the City of Miami and Robert Arithony Nigrc), upon the execution of a release
releasing the City of Miami and Robert Anthony Nigro from all bodily injury,
personal injury protection liens, workers' compensation liens and claims
and demands.
CITY COMMISSIOIr
MEETING Of'
MAY 10 1S8-1 I
S
. f
P.ESOlu11L,�
PASSED AND ADOPTED THIS 10th day of May , 1984.
ATTEST:
Ali Q
RAL H G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO F0RM AND CORRECTNESS:
A, , es, w, lz A
E R. GARCIA-PEDROSA
TY ATTORNEY
or
Maurice A. Ferre
M A Y O R
-2�-
84-56E
E
E
CITY of MIAMI. FI_ORIDA
INTER -OFFICE MEMORANDUM
to Honorable Mayor and Members CATE May 2, 1984 FILE:
of the City Commission
5' 4JECT.
City Commission Agenda 5/10/86
FROM Jose Garcia -Pedrosa REFEPE-4CSr Settlement Resolution,
City Attorney Roy Herbert V. City of Miami
f ENCLCSUF.t�F: \ 2
This office has reviewed the results of the investigation
into this claim covering a vehicular accident in which a City
of Miami Public Works truck was involved. We are attaching
the memorandum of the Risk Management Division explaining the
question of liability and damages. Our office recommends
adoption of the attached proposed settlement resolution.
JGP/Rf C/rr
cc: City Manager
City Clerk
Risk Management
84--56 6
CITY or t-IIAAMI. rl_(�IMIOA
INTER-OFFICIF IKIF".OnA"DUM
ro Jose R. Garcia -Pedrosa, City Attorney onrF Pecemher 1.2, 1983 frfLf VBI-046
and The Torts Committee
T POY HERBEnT VS. THE CITY OF MIAMI
DATE OF ACCIDEMT- Apr
il 20, 1981.
10CATION: 14-1 67nd St & NW 2nd Avenue
FROM Victor V. Marrero F. F P F � RF.,puEs,r FOR SETTLEMELICAUTHORITY
Claims Investigator II
Risk Management Division Ftfl_,7, )K RFS
R$SL'ST FOR SETTLEMENT AUTHORITY
FACTS: At approximately 11:00 a.m. on the above date and location, a City of Miami
truck driven by Robert Anthony NIGRO from Public Works, was involved in a vehicular
accident with Mr. Roy HERBERT. Mr. Nigro was traveling southbound on NW 2nd Avenue
and Mr. Herbert was westbound on NW 62nd Street, driving a 1974 Oldsmobile 4-door
sedan. With him was his wife Jacquelyn Herbert. ter. Nigro failed to obey the
traffic signal which was indicating red for his lane of traffic, running the red
light and striking the Herbert vehicle on the right-hand passenger side, broadside.
It was at this time that Mr. Nigro lost control of his car, making contact with
a vehicle that was stopped facing eastbound on NW 62nd Street, striking the vehicle
on the driver's side, and then rotating in a counter -clockwise direction with the
rear end of his car striking another vehicle in the front end that was also
proceeding eastbound on 62nd Street.
The driver of the City vehi.cle, tSr. Nigto, was charged with running the red light
and was f_;nco $-%10.00
CLAIMIAN'T., Bcy licil_,ert, jatc of biith rebruary 3, 1951. His home address: 16215
NW 22i-D -trcet , 11.3 ,�iid , 1-11 3-3054. At the time of this accident, Mr. Herbert was
married U,.) yn Hrr)_rri Hc,wever, during the course of this investigation
of this fj1(::, divor'ccd Rcy Herbert. Her case was settled previously.
Mr. Hcrhcrt waL. cmploycd at thc Y,t,.C.A. as a counsellor. At the time of the
accident, )1(:, w'-'s nn hi:: vr,y to the airport to attend a meeting for the Y .t-.,.C.A.
Mr. Herbert was transported to North Shore Hospital Center via
Ambulance. He was treated in the Emergency Room, discharged and transferred
to Jackson Memorial Hospital.
JACKSON MEMORIAL HOSPITAL: Claimant treated at the Emergency Room where x-rays
---
were taken. Report indicates that there was no real trauma and no loss of
consciousness. Patient indicated that he experienced neck pain and slight
discomfort in his thoracic spine. A neurological exam was recommended. He
was given a neck collar and released from further treatment at Jackson.
ARNOLD A. OPER, MD.: Saw the patient on 4/23/31. Dr. Oper noted that the back
was tender up and down, paravertebrally.his left knee was swollen and tender.
Also there was an abrasion of the left shin. A thorough work -up of x-rays was
done including x-rays to the skull, cervical spine, thoracic spine, lumbo-
sacral spine and lower extremities. His left knee showed early degenerative
osteo-arthiritic changes.
Dr. Oper diagnosed the following: sprain of the cervical and lumbar spine,
contusion to the orbital region, contusion to the left knee, as well as 84-56E
multiple soft tissue injuries.
Page 2 Jose R. Decembtr 2, 199
City At:tnrney R. Her er vs C,1, y
The patient returned again on April 25, 1.?Rl, where he started on a course
of physio-therapy and then was referred to ter. '•1cKinney, an ophth--clmnlogist.
On his of.fice visit to Dr. opc!r nn ttay 14, 1`)R1, the claimant's back was sore
and he stated that he ccc)ld not.: tip his Fehr clay; later, nn May 1.8,
1981, the patient o,)s seen again and his ha:-v pain was still s-vere and worse
with sitting and stooping. 1ti^ knee problems werc- pot getting any better and
Dr. Oper dAcidecl to refer: hi.m to r'r.. Spievak, .in nr.thopedi.st, regarding the
knee problem. As to ti)i.s eye problem, x-r:-)ys c)f the orhit_s wr>re clone by Dr.
McKinney, and they showed no pathology.
The patient was referred to see Dr. Spievak for further treatment. This was
the end of Dr. Oper's treatment of Mr. Herbert.
BE", ETT COPtMUNITY HOSPITAL: On May 28, 1981, Mr. Herbert was admitted to
Bennett Community Hospital by Dr. Spievak for treatment of his left knee.
The admitting diagnosis was torn meniscus of the left knee. Operation was
done by Dr. Spievak revealing internal derangement to the left knee area.
He advised him that the chances for a future arthroscopy was also contemplated.
PEMBROKE PINES GENERAL HOSPITAL: Due to the continued swelling and pain in the
patient's knee, it was decided that a second procedure be done to establish
the maturity of his regenerating cartilage. This was done at the request of
Dr. Spievak. On 12/17/82, such a procedure was done at Pembroke Pines General
Hospital, whereupon it was noted that the medial compartment exhibited the
old disease. The condra malesia of the lemoral area had now healed somewhat.
The meniscus was felt to be intact. Some fragments were removed -znd the
patient was advised that he was still. not completely smooth in his medial
compartment and as much as po shale they ,•:culd l.i}:e for him to continue limited
activities and physical thel:apy. The i:,._ztient was discharged without- any further
complicaticn<. I,;hr:es;ioil he had internal derangement to the left knee,
and pieces of `.it>>>c:ur synovium ,,nd cartilage were removed.
. Dr. Spieva}; note. d th.3t. 1•tr. ilerber. t had sutained a 15% permanent partial
disability to the body as a whole.
THOMAS A._1?CI"F'ET,D, CERTIFIED ORTHOPEDIC: As a result of Mr. Herbert's continuing
problems with his knee and back, he saw Dr. Hoffeld at the request of Spievak
on 6/l/83.
Physical examination showed that his left knee has a mild amount of swelling
although no gross effusion was noted. X-rays taken show that the left knee
has disfused osteo-arthritic changes throughout all the compartments of at
least a moderate degree of advancement. Dr. Hoffeld's summary indicates that
Mr. Herbert has sustained permanent problems with his back and knee as a result
of the injuries received in 1981 in the automobile accident, tie notes that the
CAT Scan done was positive for L4-L5 to a mild degree, but he did not believe
at this time that Mir. Herbert is a candidate for chemonucleolysis. As a result
of his continuing problems, Dr. Hoffeld indicates that his condition will slowly
get worse with time and alter his functicinal and recreational activities. As
a result, Dr. Hoffeld indicates that the patient has sustained a 25% permanent
partial disability to the body as a whole.
To date, the claimant's specials are as follows:
Page 3 Jose R. Garcia--Ferlros_
City Attorney
R?cfieiSerJ2,,S19 ;?ty
Qb date, the claimant's specials are as follows:)
FACILITY
DATE
Dr. Spievak 5/19/81 through 6/24/83
Stein Orthopedics(Dr.Open)
5/19/81
Dr. Sternberg
5/28181
West End Clinic
5/29/81
Dr. Navarro
5/29/81
City Hospital
5/18/81
Randle Eastern 4/20/81(42.33)& 6/14/81(81.00)
North Shore Hospital
4/20/81
Bennett Community Hosp.
6/l/81
Dr. Hoffeld
6/l/83
Pembroke Pines Hosp. 11/16/82
through 12/18/82
Lost time from work (41 days) --from 5/19/81
GRAND TOTAL
AMOUNT
$5,171.00
$ 810.00
$ 34.75
$ 400.00
$ 48.30
$ 27.00
$ 103.33
$ 63.80
$3,129.85
$ 220.00
$1,652.20
$2,494.03
$14,154.26
EVALUATION: A written demand has been made by Attorney Dennis Brod on behalf
of his client for $50,000 (statutory limit.) Attorney Brod has indicated
that he will accept nothing less than the stated amount due to the fact that
there is a lien from his client's workers' Compensation carrier.
The liabilit;•, is cloar.ly : rainst tl-e Cit}, cif ;'.iami.
The clairn,-.nt. lr :: } ,: i to : u t ,in tt c procedures to try and remedy the problems
with hi:: lcft. }r;c"o; iil i iii ri to th�-a, his lor. back problems still persist.
Permanetr�)' r:.t.ir, t 1::r.: )xcir c.ivc rr 1,,y 17r. pies=ak of %15 to the body. Dr.
Hoffelcl 9rrc ]c,:tc<:; tho", the ) . t.ic.rit her:_• a 2`.4, decree of permanency.. 13a.sed
upon thc: )>,ti nt'': r,cc, 3.' ycr.r:; clot, r,n(i r:,:perts from Drs. Spie%,ak and Hoffeld
giving gar; r_ ) j o,:nc,:,i :. of ; c c-r.rr r ent: ))a <:;)A .__m.r with his knee and } e<:}; and the fact
that tl-rc_:,c prc-l;lcm: Neill nut nct. ctny 1)et.ter but worse, I. feel t:hrst:. this case
does have a value of `:*50,000. My reasons for such are that our liability
arguments are quite unfavoral_)le in defending our position; also that the
claimant's injuries are objective in nature, and this is not a typical soft -
tissue type of case.
84-566