HomeMy WebLinkAboutR-84-0076J-83-1052
11/23/83
RESOLUTION NO. S r�).
A RESOLUTION AUTHORIZING THE DIkECTOR OF
FINANCE TO PAY TO MIGUEL CRUZ-PERAZA, AS
PARENT AND NEXT FRIEND OF REYNALDO CkUZ-
PERAZA, A MINOR THE SUM OF ELEVEN THOUSAND
DOLLARS ($11,000.00) WITHOUT THE ADMISSION
OF LIABILITY, IN FULL AND COMPLETE 5E,rT1LEMENT
OF ALL BODILY INJURY, PERSONAL INJURY
PROTECTIONS 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, Miguel Cruz-Peraza, as Parent and Next Friend of
Reynaldo Cruz-Peraza, a minor, through Lionel Barnet, Esquire of
Lional Barnet, P.A., his attorneys, filed a claim against the
City of Miami, for alleged bodily injury, personal injury
protection liens, worker's compensation liens and other claims
and demands resulting from a trip and fall accident by Reynaldo
Cruz-Peraza, a minor, on a City of Miami sidewalk at or near the
Orange Bowl Stadium Facilities on Northwest 14th Street on
September 12, 1980, in the City of Miami, Dade County, Florida;
and
WHEREAS, the above claim has 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
Eleven Thousand Dollars ($11,000.00);
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 Miguel Cruz-Peraza, as Parent and Next Friend of
Reynaldo Cruz-Peraza, a minor the sum of Eleven Thousand Dollars
($11,000.00) 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
CITY COMMISSION
MEET?D:G OF
JAN 19 1984
R1S0LU11U.+ ,Y,,. 84— • 6
against the City of Miami, upon the execution of a release
releasing the City of Miami from all bodily injury, personal
injury protection liens, worker's compensation liens and claims
and demands.
PASSED AND ADOPTED this 19th day of January , 1984.
?laurice A. Ferre
MAURICE' A. F ERRE
MAYOR
ATTEST:
1 LPH G. ONGIE
'ity Clerk
PREPARED AND A.P6UOVEU BY:
Assistant City Att ney
- APPROVED AS TO FORM AND CORRECTNESS:
P�GARCIA-PEDROSA
ity Attorney
JJR/wpc/pb/217
-2-
i
84-76.
0
Honorable Mayor and Members
of the City Commission
Jose Garcia -Pedrosa
City Attorney
January 13, 1984 VC-80-118
& L-82-86
[Aiguel Cruz-Peraza vs. The City
of Miami
Circuit Court # 82-11541
D/A: September 12, 1980
L/I: 14th Street side of the
Orange Bowl
City of Miami, Davie
County, Florida
Plaintiff Miguel Cruz-Peraza filed a claim against the City of
Miami on behalf of his minor son, Reynaldo Cruz-Peraza through
their attorney Lionel Barnet, 13842 Southwest 56th Street, Miller
Square, Miami, Florida 33175, to recover for personal injuries
received by the infant Reynaldo Cruz-Peraza at approximately 7 PM
on September 12, 1980 when he was allegedly a business invitee at
the Orange bowl premises owned by the City of Miami. The minor
Plaintiff was allegedly attacked by other youths attending a
football game on the premises and caused to tall to ground coming
into contact with broken glass which was allegedly scattered on
the ground beneath him.
The City of Miami provided off -duty patrol officers to police the
premises for football game in question and Plaintiff alleges that
the City of [Miami did so in a negligent fashion, without super-
vision and without adequate protection to the business invitees
on the premises. The minor Reynaldo Cruz-Peraza was 15 years old
at the time of the incident and according to his medical records,
in good health. He was taken home after the incident by a City
of Miami police officer and then taken to Coral Gables Hospital
emergency room, at which time, numerous sutures in his hand. He
was not admitted to the hospital at that time.
A physical examination was conducted of the minor Plaintiff on
November 17, 1982 by Dr. vale K. Johns, M.D., who was appointed
by the Court at our request. Dr. Johns found that the boy had a
sharp, shock like sensation in a scar on his hand that was caused
by the accident. This was particularly prominent when the boy
played basketball and dribbled the basketball. Further, the
doctor found that when the minor Plaintiff grasped an object or
made a fist that there was an experience of pain along the
metacarpal phalangeal line. The minor was able to bend all of
his fingers except the left ring finger.
811-''76
WA
Honorable Mayor and Members
of the City Commission
January 13, 1983
Page 2
After the accident, the minor Plaintiff_ was seen by Dr. Robertson
who performed the suturing and prescribed physiotherapy for him
for four or five months. Plaintiff's knee was also injured in
the accident but resulted in no permanent disability. Further,
when the minor Plaintiff grasps an object, he receives one or two
quicx lightening type shocks and this oa occasion may run across
the four metacarpal phalangeal joints or at other times it may
radiate into the fingers roughly along the distribution of the
lateral digital nerve of the third finger. In addition, the boy
has trouble Matting or grasping objects because of the dis-
comfort.
The permanent scarring extends over the palmar surface of the
hand to the radial side of the ring finger and up the finger to
approximately the proximal portion of the second phalanx just
along the radial border and this actually causes a deformity or a
creasing of the hand.
Dr. Johns noted that the patient's problem is that the scar,
which is quite dense at the proximal portion of the ring finger
on the radial side is compressing or irritating the digital nerve
when pressure is applied against it. Dr. Johns recommended that
the minor plaintiff should be seen by a hand surgeon for evalua-
tion and that most likely the scar would be removed to inspect
the digital nerve.
Plaintiff's medical specials were:
Dr. Coll . . . . . . . . . . . . . . . . . . .
Dr. S. Nagaswami . . . . . . . .
Dr. James Robertson . . . . . . . .
Dr. E. Martinez
Dr. Joel Levin
Coral Gables Hospital . . . . . . . .
Drug Expenses . . . . . . . . . . . . . . .
Medical Report . . . . . . . . . . . . . . .
Future Medical:
Dr. Joel Levin . . . . . . . . . . . . . . . .
(no hospital fee ini:luded)
Total Medical Costs . . . . . . . . . . .
$110.00
235.00
700.00
85.00
175.00
87.45
58.35
50.00
1,500.00
3,000.80
84--'76
11
Honorable Mayor and Niembers
of the City Commission
EVALUATION
January 13, 1983
Page 3
Plaintiff had originally demanded the sum of $50,000 to settle,
and after extensive negotiations in this case, the case can now
be settled for the sum of $11,000. The Tort Review Committee and
I believe that this is a favorable sum and recommend the settle-
ment of this case.
JGP/ RAG/wpc/ab/220
Enclosures (Resolution)
P.S. This settlement was agreed to, subject to the
approval,in November, 1r183, and has not been
any agenda since then. Accordingly, I would
opportunity to present this to the Commission
19, 1984 meeting.
r77
Commission's
scheduled on
appreciate the
at the January
84-"'76