HomeMy WebLinkAboutR-84-0416J-84-177
2/24/84
rr/D-6
RESOLUTION NO. 84,416.
A RESOLUTION AUTHORI7_ING THE DIRECTOR OF
FINANCE TO PAY TO SANDRA KRUGEL THE SUM
OF $6, 500, 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 STANFORD
HUGHES, AND UPON EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI AND STANFORD
HUGHES FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Sandra Krugel filed a claim against the City of
Miami and Stanford Hughes, For alleged bodily injury
resulting from a motor vehicle accident wherein Sandra Krugel
was a driver in a motor vehicle involved in a collision with
a City of Miami Police Department vehicle on August 1B, 1982,
at Tigertail Avenue and Crystal Court, 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 $6,500;
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 Sandra Krugel the sum of $6,500, 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 Stanford Hughes, upon the execution of a release
releasing the City of Miami and Stanford Hughes from all
bodily injury, personal injury protection liens, workers'
compensation liens and claims and demands.
CITY COMMISSION
MEETINJC or
APR 5 t°
f,Ctr:F:ns
ATTEST:
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ONG E,
PREPARED AND APPROVED BY:
DEPUTY CITY ATTORNEY
Maurice A. Ferre
APPROVED AS TO FORM AND CORRECTNESS:
P _S e•
CITY ATTORNEY
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1 CITY OF MIAM1. FLORIDA ,
AM
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM: Jose R. Garcia -Pedrosa
City Attorney
DATE: February 27, 1984 FILE: V82-201
SUBJECT: Sandra J. Krugel vs. The City of Miami
and Public Service Aide Stanford Hughes,
et al
D/A: 8/18/82
REFERENCES- LOCATION: Tlgertail Ave. and
Crystal Court, Miami, Florida
ENCLOSURES:
Plaintiff Sandra J. Krugel filed a claim against the City of Miami and City of
Miami Police Department Public Service Aide, Stanford Hughes, through her attorney,
Gerald Piken, to recover for personal injuries received by Sandra Krugel from a
motor vehicle accident, involving a City of Miami Police vehicle driven by
Stanford Hughes.
This accident occurred on August 18, 1982 at about 2:05 P.M. in the intersection
of Tiaertail Avenue_ and Crystal Court, Miami, Florida.
The claimant's vehicle of which ,Sandra Krugel was the operator and lone occupant
was headed eastl:�cund cn `?'igc.rtail i"ivenue at the intersection with Crystal Court,
stopped previ.ou:= to attempting to complr_te a left. turn. The Folice vehicle was
also prorCeding C.aftbound and i.t5 opC'rator did not: realize that the other vehicle
was stopped, )':t the last ini.nut:e, a '-'wervc to the right_ was complet:e3 l-)ut the left
fror_t center of the Pol..i.ce. vehicle In,7,de contact with the: rear ---end of the claimant's
vehicle. The Police vehicle continued on into a yard at 3203. ftyr�ta3 Court where
it collided with a third parked, unoccupied vehicle.
Under Florida Statutes, Section 768.28, responsibility for any negligence of a
City of Miami employee while in the course and scope of his employment rests with
the City of Miami.
Sandra Krugel has a date of birth of 4/13/51. She was treated at the scene by
Fire Rescue and Emergency Room at Mercy Hospital.
The treating physicians are Brett Lusskin, M. D., and Ronald B. Weber, M. D. The
medical treatment was considerable with a diagnosis of a post -concussion syndrome,
cervical strain, lumbo-sacral strain, post -blunt head trauma, and post -traumatic
headaches. There is a permanent partial disability rating of the body of 8%.
There was no lost time and wage.
The total medical expense relating to this accident is $3,637.85.
All of the expenses and other damages have been verified as to correctness.
_ The original demand presented by the plaintiff was for $50,000. This is the limit
established under Florida Statutes, Section 768.28. After extensive discussions
and negotiations, this matter can now be settled for $6,500.
84-416
j
I
Page
Two
Honorable Mayor
and Members February 27, 1984
of the City Commission
This
claim has
been investigated by the
City Attorney's office in accordance
with
Ordinance
No. 8417, which created
the City's Self -Insurance Program. The
-
City
Attorney's
office recommends that
the City of Miami pay $6,500 in settle-
ment
of this claim.
ME
IF
JGP/PDW/VVM/ci
IF
cc:
Howard V.
Gary, City Manager
Ralph G.
Ongie, City Clerk