HomeMy WebLinkAboutR-84-0170J=84=77
ABS/f1
1/30/84
RESOLUTION NO,
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO SECUNDINA TEMBRAS THE
SUM OF TWEI,VD THOUSAND DOLLARS ($12000,00);
AND TO DAISY GINOR18 THE SUM OF THIRTY
THOUSAND DOLLARS ($30,000,00); AND TO
FLORENTINA PEREZ 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 PROTEC-
TIONS LIENS, WORXtAl S COMPEt3SAT I014 LIENS,
CLAIMS AND DEMANDS AGATNST THE CITY OF MIAM!v
AND UPON EXECUTION OF A RELEASE BY EACH AFORE-
MENTIONED PARTY RELEASING Tqt CITY OF MIAMI
FROM ALL CLAIMS AND DEMANDS,
WHEREAS, SECUNDINA TEMBRAS and DAISY GINORIS, through
their attorney, Michael Weisberg, Esq., and FLORENTINA PEREZ,
through her attorney, Martin Levine, Esq., each filed a claim
against the City of Miami for alleged bodily injury, lost wages,
and other claims and demands resulting from a motor vehicle
accident wherein SECUNDINA TEMBRAS and DAISY GINORIS were pass-
engers and FLORENTINA PEREZ was the driver of a motor vehicle
involved in a collision with a brick wall near the 1-95 Service
Road Exit at 36th Street, Miami, Dade County, Florida; and
WHEREAS, the above claims have been investigated by the
Torts Division of the City Attorney's Office in accordance with
Ordinance No. 8417, which created the City of Miami's Self -Insurance
Program, the said office recommends that these claims be settled
without the admission of liability for the sum of Fifty-two
Thousand Dollars ($52,000.00);
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 SECUNDINA TEMBRAS the sum of Twelve Thousand Dollars
($12,000,00); and to DAISY GINORIS the Sum of Thirty Thousand
'f cow(I SJON
MEETING OF
f B 8 1984
REM�RIa.
Dollars ($30,000,00); and to FLORDNTINA PEREZ the sum of Ten
Thousand Dollars ($10,000.00); without the admission of liabil=
ityi in full and complete settlement of all bodily injury, personal
injury protection liens, worker's compensation liens, claims and
demands against the City of Miai:u, upon the execution of a release
by each aforementioned party releasing the City of Miami from all
i
bodily injury, personal injury protection liens, worker's compen-
sation liens and claims and demands.
r
PASSED AND ADOPTED this 9th day of February , 1984.
ATTEST:
RA PH G ONGIE
CI CLERK
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
NWa -10 vcaa•.v—
ITY ATTORNEY
_2W
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
I
75 dI Y OF MIAMI. Fi_0121bA ./
1Nt1tA-6 ft1C E MEM01OW14DUM
TO Honorable Maurice A6 Ferre and OA7E: January 10, 1964 FILE. T =33-07
Members of t e City Commission
SU8'E`T aecundina Tembras, Daisy Ginotis,
and rlorentina Perez v. city of
Miami
1 =ROM REFERENCES: l.lL %. -our,-Lase !► $ 3-211
Jose Garcia -Pedrosa D/A May 28, 1981
Exit
E
City Attorney L �: I-95 Service Road 1 `1
ENCLOSURES:
i
t
Perez, filed t :is lawsuit agails-� Zits f A;-ami c:
for injuries received in an au%omobile a:ci(r4e„in-: oi'r 1 r. c A:.:�.
??raz' car and a City of eliami pc1i ze C3c.. ,ira. T-em.ras ani .,Irs.
Ginoris are represented by Michael P. iaisberg, Esq. .Krs.
Perez is represented by Martin Levine, Esq.
The accident occurred on May 28, 1981, on I-95 northbound near
the 36th Street exit, at about 7:30 A.M. when Mrs. Perez' car
became inoperable because of a broken water hose. The three
women were on their way to the Miami Heart Institute on Miami
Beach where they worked as maids. When Mrs. Perez noticed smoke
and steam coming from her car, she pulled into the lane for
emergency stops where the car ceased functioning and all three
women got out. After a few minutes, Officer Franklin Bethea of.
the City of Miami Police Department approached in a police car.
After Officer Bethea stopped and determined the cause of the
problem with Mrs. Perez' car, he told the three women to get back
into the car and he would.push them to a service station on North
Miami Avenue.
As Mrs. Perez' car, which was being pushed from the back by the
police car, moved into the 36th Street exit ramp, its speed
increased rapidly and it rolled down the ramp, across a median,
and smashed into a brick wall on North Miami Avenue. Mrs. Perez
could not control her car by steering or applying the brake
because the car had lost its power. All three women were sitting
in the front seat of the car when it smashed into the wall. All
three women were taken to the emergency room at Coral Gables
Hospital.
Secundina Tembras, who was seated next to the window when the
accident occurred, suffered a deviated septum in her nose. When
she was admitted to Coral Gables thosptal, she complained of
pains in the back, right knee, left elbow, and severe nose
injuries. The injuries she received in the accident left her with
Honorable Maurice A. Verne and
Members of the City Commission
January 30t 1984
Page 2
lneada, hes t cervi-cal s itia pa-Ln, and pail; in 'Cie,: i•_;:t ai;:iiw. it
is the opinion of Dr. Pedro Hernandezt who treated Mrs. Tembras
for several months after the accident+ that she has a six percent
permanent partial disability of the bcdt.> as a whole due to
iniuri,?s received in the ac1-1i,:+=_nt. �49alt who e? a.mt2ed
:•irs. .e.,,ibras pursuant to a Court order obtained by the City of
:liailit found no objective a;ljenc e to support a permanent
disaoility rating for nrs. 1--cobras. it was necessary for
`ra-m_Nra3 to remain away from, .dof% f3-, a Oeriod Of t'ao ea: s
following the accident to recover from injuries. She was it
years old at the time of the accident.
The expenses incurred by mrs. Tembras+ as a result of this
accident include medical bills of $2,962, and lost wages of
$326.00.
Daisy Ginoris, who was seated between Mrs. Perez and Mrs. Tembras
when the accident occurred+ received a fracture of the left
shoulder and abrasions to her face and°knees. She was thrown
forward and rendered unconscious by the impact. When she
regained consciousness she was aware of intense pain in her left
shoulder, neck and knees. She later experienced pain in her
right elbow. After three days at Coral Gables Hospital, she was
released with her left arm in a sling which she wore for 21 days.
She was treated by Dr. Rolando Sanchez -Medina, an orthopedic
surgeon, for several months. She still complains of pain in the
neck radiating to'both shoulders, pain in the left shoulder,
right elbow and entire back. She states that she is not able to
lift her left arm. Dr. Sanchez -Medina states that Mrs. Ginoris'
left shoulder has healed with some deformity of the humeral head
and that she has a five to eight percent partial permanent
disability of the body as a whole. It is the opinion of Dr.
Elwin Neal, the orthopedic surgeon who examined Mrs. Ginoris
pursuant to Court Order, that Mrs. Ginoris has a 15% permanent
residual disability of the left upper extremity or a 9% permanent
disability of the body. It was necessary for Mrs. Ginoris to
remain away from work for a period of 21 days following the
accident to recover from her injuries. Mrs. Ginoris was 51 years
old at the time of the accident.
The expenses incurred by Mrs. Ginoris as a result of this
accident include medical bills of $3,141.84 and lost wages of
$1,544.00,
84vwJL % .
Honorable Mauride A. Pet re and
Members of the City Commission
January 30, 1984
Page 3
Florentina Perez, the driver of the car at the time of the
accident, was thrown against the steering wheel upon impact. when
she was admitted to Coral Gables Hospital she complained of
severe pain in her abdotien, hea-1
complained o`_e-xtreme
treaced by Dr. Perez Eaoinosa at
teat condition. After :c
reC?rred 9rs. �'?r'ez to :jr. 'Osee :y?_
evaluation, is DoiniL'n
partial permanent disability of i:{ =o a1 i,C ,ant t.,e body
as a 'whole based on these condition: stress s,niroine, a:atus post
dorsal spine, post lumbo-sacral spra-in, and residual chest.
trauma. Dr. Elwin Neal, who examined Ctrs. Perez pursuant to
Court Order, Found no objective evidence of injury to support a
disability rating.
Dr. Jesus S. Rodriguez, a psychiatrist to whom Mrs. Perez was
referred by Dr. Espinosa, found that Mrs. Perez was suffering
from post -traumatic depression and anxiety as a result of the
accident. Dr. Charles Mutter, a psychiatrist who examined Mrs.
Perez pursuant to Court Order obtained by the City of Miami,
confirmed Dr. Rodriguez' diagnosis and stated further that Mrs.
Perez would benefit from future psychiatric treatment. It is Dr.
Mutter's opinion that Mrs. Perez would have no permanent residual
emotional problems after three to six months of such treatment.
Dr. Mutter's conservative estimate of the cost of the needed
treatment was $2,000.00.
It was necessary for Mrs. Perez to remain away from work for a
period of 21 days following the accident to recover from her
injuries. She returned to work at the Miami Heart Institute but
was subsequently fired. Mrs. Perez was 36 years old at the time
of the accident.
The expenses incurred by Mrs. Perez as a result of this accident
include medical bills of $2,439.00 and lost wages of $720,00.
The medical expenses and other 'damages claimed by all three
Plaintiffs have been verified as accurate. Secundina Tembras
originally presented a settlement demand of $35,000.00 but has
now reduced that amount to $12,000.00. Daisy Ginoris originally
presented a settlement demand of $75,000.00 but has now reduced
that amount to $30,000.00. Florentina ?erez originally presented
a settlement demand of M,000.00 but has now reduced that amount
to $10.000.00.
owlo
Honorable
Maurice A.
Perre and
January 30, 1984
Members of
the City
Commission
Page 4
Under the pro,. iaions o-: Section 703.28, Florida Statutes, the
total amount of damages for whicii the City could be liable in
this lawsuit is $100,000.00. After a aeries of lenitaiv dis-
cu i%Dns and negotiationti, tcl?:±e clai:u:i c: an now be Sep ilea 'aith
_..3 �-idi�Tit-lual. .13i�^tiffs'?J11,��UU�U4�� and
Theca clai.15 havie Geer. 1(i`•i?Si.i"3L3': "' :":? ..�''•% yttCr`i`d"'a G�°�C�?
in accordance with Ordinance No. :�i7, aniclz created t:.e Cit7's
Self -Insurance Program. The Ci_v Attorney's office rycommends
teat the Cite of ;Miami -aye $12,00C.00, $31),001j.00, and S)1G,000.00
in settlement of these claims.
JGP/A5S/wpc/ab/125
cc: City Manager
City Clerk