HomeMy WebLinkAboutR-84-0414J-84-234
3/13/84
RESOLUTION NO. 84� 41.
A RESOLUTION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO
TILLIE MARTIN THE SUM OF TEN
THOUSAND DOLLARS ($10,000.00),
WITHOUT THE ADMISSION OF LIABILITY,
IN FULL AND COMPLETE SETTLEMENT OF
ALL BODILY INJURY, PERSONAL INJURY
PROTECTION LIENS, WORKER'S COMPEN-
SATION 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, Tillie Martin, through Lawrence P. Zolot, Esq., of
Cohen & Cohen, P.A., her attorneys, filed a claim against the
City of Miami for alleged bodily injury, personal injury pro-
tection liens, hospital liens, worker's compensation liens,
claims and demands resulting f.roi' all accident wherein [is. Martin
fell on a detect in a City sidewalk on May 23, 1981 at or near
the address of 1361 Northwest 3rd ,Street, 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 Ten Thousand Dollars
($10,000.00);
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 Tillie Martin the sum of Ten Thousand Dollars
($1U,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. �I`r'y �-? �=?`, TSSIOh1
OF
APR
_jl — d
PASSED AND ADOPTED this Sth day of April, 1984.
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
ATTEST:
G Ty
CLERK
PREPARED AND APPROVED BY:
LIA J. OBERTS
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
SE GARCIA-PEDROSA
City At Lor»ey
JJR/wpc/ab/136
2 84-41.1
.59
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: Jose Garcia -Pedrosa
City Attorney
DATE: March 13, 1984 FILE. GL-81-106
& L-83-33
SUBJECT: Settlement of Tillie Martin vs.
The City of Miami and Metropolita!
Dade County
Circuit Court Case #82-22794 (17)
REFERENCES: D/I: May 23, 1981
L/I: 1361 Northwest 3rd Street,
ENCLOSURES: Miami, Florida
Plaintiff, Tillie Martin, filed a claim against the City of Miami
and Metropolitan Dade County through her attorney, Lawrence P.
Zolot, Esq., of Cohen & Cohen, P.A., to recover for personal
injuries received by Tillie Martin due to a fall on a City of
Miami sidewalk defect.
The accident occurred on May 23, 19BI in the afternoon in front
of the address of 1361 Nort-hr.c t 3rd Street, liiami, Florida. In
the sidewalk N,,,,as a ►Metal stub cut off above the surface level of
the sidewalk. It could not be determined vhet:hcr o►,, not this
stub was the remains of a traffic sign host lei:t, in the: sidewalk
by Metropolitan Dade County or a condition created by ;.some other
entity. The condition of the surrounding sidewalk and the stub
itself indicates that the condition had existed for a substantial
length of time. Responsibility for the maintenance and repair of
the sidewalk and the correction of any defects therein rests
primarily with the City of Miami. Tillie Martin tripped over the
metal stub in the sidewalk, falling forward onto the sidewalk and
sustaining a fracture of her left wrist.
Tillie Martin was age 56 at the time of this accident. She
sustained a colles fracture of the left, wrist and was treated at
Veteran's Administration Hospital for the next five months. She
was hospitalized overnight on the date of the accident and a cast
was put on the wrist which remained for about three and a half
months. At that time, the cast was replaced by a brace which was
worn for another two months. Tillie Martin is left with a
weakness in her left hand, as well as a visible deformity in the
left wrist where there appears to be a collapsed bone. Surgery
was contemplated but it was determined that the benefits of
surgery were probably outweighed by the risk due to her age. Ms.
Martin's medical bills related to this accident totaled approxi-
mately $900.00.
In addition to the medical bills, Ms. Martin was unable to work
for approximately six months. At the time of the accident, she
had worked for several years at the Golden Sands Restaurant as a
waitress. At that time, she has been earning approximately
$10,000.00 a year. Since the accident, she was unable to work as
a waitress due to the weakness in her left arm and wrist which
Honorable Mayor and Members March 13, 1984
of the City Commission Page #
prevents her from carrying substantial loads of dishes or holding
individual dishes with her left hand. She currently works at
temporary jobs through agencies as a clerical worker, filing and
typing. As a temporary worker, she generally earns between $4.50
to $5.00 per hour but is not guaranteed fulltime work.
All of the medical expenses and other damages have been verified
as to correctness. The original demand that Plaintiff presented
was for the $50,000.00 limit established under Florida Statutes,
Section 768.28. This was later reduced to $25,000.00. After
extensive discussions and negotiations, this matter can now be
settled for $11,000.00. Metropolitan Dade County, although there
is no evidence that they were responsible for the condition of
the sidewalk, will contribute $1,000.00 to settle this matter at
this time.
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. The City Attorney's Office
recommends that the City of Miami pay $10,000.00 in settlement of
this claim.
JJ R wpc/ab/137
Enclosures (R4solution)
cc: City Manager
City Clerk
84- 14