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HomeMy WebLinkAboutR-84-04131 �q J-84-232 3/12/84 RESOLUTION NO. 84- 413 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO NOEMI GARCIA, THE SUM OF FIFTEEN THOUSAND DOLLARS ($15,000) WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, WORKER'S COMPENSATION 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, NOEMI GARCIA, through Mark Leeds, Esq., of Thomas & Pearl, P.A., her attorneys, filed a claim against the City of Miami for alleged bodily injury, personal injury protection liens, and worker's compensation liens resulting from an accident wherein NOEMI GARCIA fell on an alleged defect in a City sidewalk on September 1, 1980 approximately 50 feet east of northeast corner of intersection of Southwest 23rd Avenue and 10th Street, Miami, Dade County, Florida; and WHEREAS, the above claim has been investigated by the Torts Division of the City Attorney's office and 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 Fifteen Thousand Dollars ($15,000); 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 NOEMI GARCIA the sum of Fifteen Thousand Dollars ($15,000) without the admission of liability in full and complete settlement of all bodily injury, personal injury protection liens, worker's compensation liens, claims and demands against the City of miami, upon execution of a release, releasing the City of Miami froin all bodily injury, personal injury protection liens, worker's compensation liens, and claims and demands. CITY' CC7niISSIQN iEjEriT''G hiI PASSED AND ADOPTED this 5th day of April , 1984. Maui ce Ferre MAVRICE A. FERRE MAYOR ATTEST: ALPH G. ONGIE CITY CLE PREPA ANJDR, VE Y: Tt. FI AS STANT CITY ATO NEY APPROVED AS TO FORM AND CORRECTNESS: J R GACTA-PEllIZOSA C Y ATTORNEY LMF/wpc/ab/084 1• t -2- CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To, Honorable Mayor and Members of the City Commission FROM: Jose Garcia-Pedros City Attorney L_ r� DATE: March 12, 1984 FILE- VC-81-031 L--82 -18 SUBJECT: Noemi Garcia v . Feliciano and Luis, Diaz and City of Miami Circuit Court Case #82-1314 CA 05 D/A: 9/l/79 REFERENCES. LOCATION:Approx.50' E. of N.E. corner of intersection of S.W. ENCLosuREs:23rd Avenue & 10ta Street. Plaintiff, Noemi Garcia filed a claim against the City of Miami through her attorney, Mark Leeds, of Thomas & Pearl, to recover for personal injuries received by the Plaintiff, due to a fall on a sidewalk at the above referenced location. Also joined as a defendant in the lawsuit was Feliciano and Luisa Diaz, his wife, the owners of the adjoining property. The accident occurred on September 1, 1979 in the early afternoon at the above location. The sidewalk in that area had been lifted upvards by the growth of tree roots growing from a tree on the adjoining pro- perty. The defect i.n the sidctza3_Ic t:as partially obscured by a canopy of trees growing on the adjoin i.ng property and a3.;.o in I.he swnle area. Plaintiff claims to 11nve f.a3.1cr. as ::he passed the .area on he7 way t:o go shopping at a grocery stoi.e on Souti)wet;t 8th St:r(:ct:. Plaintiff , Noemi_ Garcia, was 35 years old at the time of the accident. She suffered an injury to her left knee and she was operated upon for a meniscectomy (torn meniscus) approximately twelve (12) days after the accident. The Plaintiff was employed as a sewing machine operator by Lamar Uniforms at the time of the accident. She claims that she lost her job as a result of her not being able to return to work within a reasonable period of time. In addition, and more importantly, Plaintiff claims that since the accident she has never been able to walk without pain and without the use of a cane or other walking apparatus. This condition continues to date and was in fact confirmed by the court appointed physician, Dr. Arturo Ortiz, who gave the Plaintiff a fifteen (15%) percent permanent disability to the knee as a result of the accident. Additionally, Plaintiff has been seeing a psychiatrist (Dr. Bolea) for approximately one (1) year, because of acute depression and traumatic stress syndrome, which she and her psychiatrist relate to the accident. The Plaintiff's medical bills, excluding psychiatric treatment, resulting from this accident approximate $7,200.00. Plaintiff also has a claim for lost wages and loss of earning capacity. All of the medical expenses and other damages have been verified as to correctness. The original demand by Plaintiff was for $100,000.00 This was later reduced to $30,000.00. After extensive discussions and negotiations, the matter can now be settled for $15,000.00 insofar 84-413 Page two Honorable Mayor and Members of the City Commission March 12, 1984 Re: Noemi Garcia v. Diaz and City Case No. 82-1314 CA 05 as the Plaintiff's claim against the City is concerned. The adjoining land owners' insurance company has settled with the Plaintiff for the sum of $30,000.00. 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 -insured program. The City Attorney's office recommends that the City of :Iiami pay $15,000.00 to settle this claim. JGP/LMF/ cm Enclosures (Resolution) cc: City Clerk ,,,- .City Manager 8 4 - 4 3"