HomeMy WebLinkAboutR-84-0171J=84-55
? 1/25/84
RESOLUTION NO. 8 4"1 d 1 .
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MARIA J. FERNANDEZ; THE SUM
OF TWENTY=FIVE THOUSAND DOLLARS (S25,OOG)
WITHOUT THE ADMISSION OF LIABILITY; IN FULL
I AND COMPLETE SETTLEMENT OF ALL BODILY INJURY,
PER80NAL 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, Maria J. Fernandez, through Andrew Needle, Esq., of
Spence, Payne, Masington & Grossman, 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 Mrs. Fernandez fell on an
alleged defect in a City sidewalk on April 16, 1980 on the north
side of West Flagler Street at or near the western boundary of
the property owned or leased by the Republic National Bank of
Miami located at 10 Northwest LeJeune Road, 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 Twenty -Five Thousand Dollars ($25,000);
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 Maria J. Fernandez the sum of Twenty -Five Thousand
Dollars ($25f004) without the admission of liability in full and
complete settlement of all bodily injury, personal injury
CITY COTS NISSION
MEETING, OF
F � 0 9 1884
REMARKS.
3
ptotection liens# wotker's compensation liens# claims and demands
against the City of
Miami#
upon
execution of a
telease# releasing
the City of Miami
ftom
all
bodily ihjuty#
petsonal ihjuty
protectioh liens# wotker`s CompehSation liehS# and claifiS and
demands.
PASSED AND ADOPTED this 9th day of February# 1984.
__Maurice A._ Ferre
MAURICE A. FERRE
MAYOR
ATTEST:
PH G. ONGIE_
CITY CLERK
PREPARED AND APPROVED BY:
J LIA J: ROBERTS
XSSISTANT CITY ATTORNEY
APPROVED AS TO FORK AND CORRECTNESS:
.plyu&zi — Zc�
SE GARCIA-PEDROSA
ITY ATTORNEY
JJR/wpc/ab/078
2 84"17 ,
t
76 ciry oft MrAMt, tLoft16A
iNTtEA-(5PP:= WtMOPANbUM
TO:
Honorable Mayor and Members DArt- January 25, 1984 mt: VC-81-071
nt the City Co,iliitission & L=82�32
SUPJ$C-: ;.1_le .l i?rilatlde7. 3l7 iv,J,it.
Builders, Inc.; Republic National
Sank of t-iiami, the City�1 + o•` `U,1
FROM , o8e Garcia-Pe� =,Dsa Circuit Court Cried #31j785 (21)
City :Attorney i REFERENCES: D/I. April 160 1980
4V=lC�'L/1: Flagler Street just west of
1�E5:
cae property or tee
.►a Iona 3aa,s
J ob N * Law rune ..
Plaintiff Maria J. Fernandez ,:fled a claim against the City of
.Miami through her attorney, Andrew Needle, of Spence, Payne,
masington & Grossman, P.A,, to recover for personal injuries
received by Maria J. Fernandez due to a fall on a sidewalk
defect.
The accident occurred on April 16, 1980 in the early afternoon on
the sidewalk located on the north side of West Flagler Street at
or near the western boundary of the property owned or leased by
the Republic National Bank of Miami located at 10 Northwest
LeJeune Road.. The sidewalk and alley driveway at that area had
cracks and defects. The defects in the sidewalk were partially
obscured by a canopy which had been erected by N.J.M. Con-
struction Companyt Inc. to protect passersby from the accidental
dropping of objects from the construction of an addition onto the
Republic National Bank building at 10 Northwest LeJeune Road. The
responsibility for the maintenance and repair of the sidewalk
rested mainly with the City of Miami. The construction company
also had responsibility for the maintenance of the construction
area in a safe condition under the South Florida Building Code.
Plaintiff Maria J. Fernandez, while walking through the canopy
area, stumbled on one of the cracks or defects in the sidewalk,
falling into the canopy frame and landing on the sidewalk.
Plaintiff Maria J. Fernandez was 74 years old at the time of this
accident. She fractured both bones in her left forearm and
fractured her right elbow. She underwent three operations. One
operation was approximately one to two days after the accident
wherein the fractures in the left forearm were treated with -open
reduction and internal fixation of the fractures with screws and
a plate in one bone and a Rush pin in the other. Approximately
ten days later, x-rays revealed that the fracture in the right
elbow was displacing and the Plaintiff underwent the second
surgery for an open reduction and internal fixation of the
84�171, f
0
t
Honorable Mayor and Members
of the City Commi3sion
January 26, 1984
Page 2
fracture of the right elbow with a Knowles pin. Plaintiff was
placed in long arm casts from hand to shoulder for both arms. The
right arm cast_ was r-amo,7--d in Jzne of 1980 and the left arm cast
tJ.a '.1C't?C �,. ?•; a?i _',a,,.nt .cf un-1--went phys—al
ti •`•r 3 _•ter. i.. :-� `_�.,at _aint:;f was st omitted
e thir:i surgery
14 S Z ri ooze afros. The plate was
t;;,.i rest of t;ne apparatus was
ri~_ .t arms. ?iaint_ e again
undar•.aent a 'Haling oriCeJJ from thatsurgery.
Thrcuaizout ?IaintiIf' a recovery and -pliysic•al t erapy, she
continued to have stiffness and limitation of motion in her
hands. Her treating doctor, Dr. Solorzano, discharged Plaintiff
from further treatment giving her a permanent partial disability
of 151 to the upper right extremity and 10 to 12'% of the upper
left extremity. He also indicated that there was a possibility
that Plaintiff would develop post traumatic arthritis in the
right elbow. Since a plate remains in the left arm, it may also
have to be removed some time in the future if it begins to
create symptoms. At this time it is still asymptomatic although
Plaintiff does have occasional complaints of pain in the left
arm.
Maria J. Fernandez's medical bills related to this accident total
$12,950.16. Plaintiff has made no claim for lost wages or loss
of earning capacity.
All of the medical expenses and other damages have been verified
as to correctness. The original demand that the Plaintiff
presented was for $200,000.00 directed to all of the Defendants
which include the City of Miami, N.J.M. Builders, Inc. and the
Republic National Bank of Miami. This was later reduced to
$140,000.00. After extensive discussions and negotiations, this
matter can now be settled for .$75,000.00, $25,000.00 of which is
to be contributed by the City of Miami.
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 $25,000.00 to settle this
claim.
JGP/ JR/wpc/ab/079
Znclosures (Resolution)
8 ®' 71L. {