HomeMy WebLinkAboutR-83-1111J-83-1014
11/14 /83
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RESOLUT ION NO. H3--11ii
A RESOLUTION AUTHOR I7TNG AND DIRECTING
IHE DIRECTOR OF I H E 1)FPARIMEN T OF FINANCE
TO PAY TO t_INOA 13. SMITH AND ROBERT A.
Sml TH, HER HUSBAND, $6n, 000 PLUS
INTLRESE, THE AMOUNT Of- THE FINAL
JUDGMENT, AND $424.50, THE: AMOUNT OF THE
COSTS JUDGMENT, AGAINST THE CITY OF
MIAMI IN THE LAWSUIT FILED IN THE CIRCUIT
COURT OF DADE COUNTY, FLORIDA, CASE NO.
82-21639, SAID PAYMENT TO 13E MADE UPON
THE EXECUTION AND FILING OF A
SATISFACTION OF FINAL JUDGMENT IN SAID
LAWSUIT; FURTHER AUTHORIl_ING THE CITY
ATTORNEY 10 FOREGO FURTHER APPELLATE
PROCEEDINGS IN THIS MATTER.
WHEREAS, LINDA 13. SMITH and ROHERT A. SMITH, her
husband, filed a lawsuit November 20, 1982 against the City
of Miami for damages resulting from an accident which took
place on December 4, 1982 when a City dump truck collided
with the rear of an automobile operated by LINDA B. SMITH
causing her auto to strike the car in front of her; and
WHEREAS, following a jury trial, there was a Final
Judgment rendered July 21, 1983 by the Circuit Court in the
total amount of $60,000 against the City; and
WHEREAS, the City Attorney's Office recommends that this
Final Judgment be paid together with interest thereon up to
November 10, 1983 and that a Costs Judgment against the City
in the amount of $424.50 also be paid with no interest
thereon; and
WHEREAS, it is advantageous for the City of Miami to pay
said amounts to effect a savings and to avoid the running of
interest;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Director of the Department of Finance of
the City of Miami is hereby authorized and directed to pay to
LINDA B. SMITH and ROBERT A. SMITH, her husband, the sum of
$601000, the amount of the Final Judgment against the City of
CITY COMMISSION
MEETING OF
DEC 8 1983
.. , 83-111t
I0
Miami in the lawsuit filed in the Circuit fourt of Dade
County, Florida, Case no. 82-21639, together with interest
thereon until November 10, 1983, plus the sum of $424.50, the
amount of the Costs Judgment against the City with no
interest thereon, said payment to he made upon t_he exec.ut_ion
and filing of a Satisfaction of Final Judgment in said
lawsuit.
Section 2. The City Attorney is hereby authorized to
forego further appellate proceedings in this matter in
accordance with the authorization set. forth in Section 1 of
this resolution.
PASSED AND ADOPTED this 8th day of December , 1983.
ATTEST:
LPfr/G. ONGIE, CI1Y CLE
PREPARED AND APPROVED BY:
Maurice 4. Ferre-
M
!1 t f,44 L
,-k 7FLs TE B.
ASSISTANT CITY ATTORNEY
r
APPROVED AS TO FORM AND CORRECTNESS:
4-6
(r'
q CITY ATTORNEY
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6
CITY OF WIAMI, FLORIDA
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INTER-OvFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM -Jose R. Garcia -Pedrosa
City Attorney
CATE November 14, 1983 FILE L-83-152
J-83-101_
SUBJECT. LINDA B. SMITH & ROBERT A. SMIT7
her husband, v. CITY OF MIAMI
REFERENCES. Circuit Court Case No. 82-21635
General Jurisdiction (CA-25)
ENCLOSURES: Resolution No. J-83-1014
Linda B. Smith and Robert A. Smith, her husband, filed a
lawsuit on November 101 1982 against the City of Miami for
damages resulting from an accident which took place on
December 4, 1980 when a City dump truck collided with the
rear of an automobile operated by Linda B. Smith causing her
auto to strike the car in front of her.
Following emergency room treatment at Doctors' Hospital, Mrs.
Smith received out -patient treatment at South Miami Hospital
and was hospitalized from January 8, 1981 to January 14, 1981
for cervical and lumbar injuries. Both her neurologist and
the Court appointed orthopedist have found permanent partial
impairment and disability. Medical expenses exceed the sum
of $5,000.
Following a jury trial, there was a Final Judgment rendered
July 21, 1983 by the Circuit Court in the total amount of
$60,000 against the City which Judgment has been appealed to
the District Court of Appeal. A Costs Judgment in the amount
of $424.50 was also entered against the City on September 16,
1983.
In order to save expenses in the form of further interest and
appellate costs, we recommend adoption of the attached
resolution authorizing payment of the Final Judgment with
interest up to November 10, 1963 and payment of the costs
Judgment with no interest thereon.
JGP/la/rr
cc: Howard V. Gary, City Manager
Ralph G. Ongie, City Clerk
83-1.111