HomeMy WebLinkAboutR-83-0990RESOLUTION NO. S3"'990,
A RESOLUTION AUTHORIZING THE DIREC'T'OR OF
FINANCE TO PAY TO NATHALYN MILLER AND DAVID
MILLER, THE SUM OF THIRTY-FIVE THOUSAND
($35,000.00) DOLLARS, WITHOUT THE ADMISSION
OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY, PERSONAL INJURY PROTEC-
TION LIENS, WORKER'S COMPENSATION LIENNS,
PROPERTY DAMAGE CLAIMS, CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, AND UPON EXECUTION
OF A RELEASE RELEASING THE CITY FROM ALL
CLAIMS AND DE"SANDS .
WHEREAS, Nathalyn miller and David Miller filed a claim
against the City of Miami for alleged bodily injury, personal
injury protection liens, worker's compensation liens and property
damage resulting from an accident on a city owned sidewalk on
August 3, 1979, at approximately Northwest 2nd Street and 16th
Avenue, Miami, Dade County, Florida; and
WHEREAS, the above claim has been litigated by the Torts
Division of the City Attorney's Office and the case tried before
a jury which found the City and the adjacent land owner were
both negligent. The verdict against the City and the adjacent
land owner was in the amount of $53,946.85 on May 4, 1983. The
City Attorney's Office recommends that these claims be settled
against the City tor the sum of Thirty-five Thousand ($35,000.00)
Dollars; \�
NOW, THEREFORE, BE IT RESOLVED BY THE COM14ISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay to NATHALYN MILLER AND DAVID MILLER the sum of Thirty-five
Thousand ($35,000.00) Dollars in full and complete settlement of
all bodily injury, personal injury protection liens, worker's
compensation liens, property damage claims, claims and demands
against the City of Miami upon execution of a release releasing
the City of Miami from all bodily injury, personal injury protectic
liens, worker's compensation liens, property damage claims, claims
and demands.
CITY C014MISSIOI
MEETING OF
OCT 25 1983
RESO U1101v nu. 83-9:
PASSED AND ADOPTED this 25th day of October , 1983.
_ Maurice A. i�erre
P�iACiR-IC E A. FERRE
MAYOR
ATTEST:
C
PH G(. ONGIE
X CLERK
PREPARED AND APPROVED BY:
Ai& &&x a
GISELA CARDONNE
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
kEGARCIA-PEDROSA
f
ITY ATTORNEY
Mc
83-99C
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM, Jose R. Garcia -Pedrosa
City Attorney
DATE October 11, 1983 FILE: L-80-72
SUBJECT. Nathalyn Hiller and David :Tiller
vs. City of :Miami et al.
Circuit Court 480-10979 (15)
3rd DCA 483-13C1
REFERENCES: D/I: 3/3/79
P/I: N.W. 2 Street & 16 Avenue
ENCLOSURES:
(Resolution)
Plaintiffs, Mr. and Mrs. Miller, filed a claim against the City of
:Miami and the adjoining land owner for personal injury arising out
of a trip and fall on a defective City sidewalk.
The case was tried before a jury which found that the City and the
adjacent land owner were negligent. Subsequent to the verdict, in
the amount of $53,946.85, both the adjoining land owner and the
City appealed.
The Plaintiffs have agreed to settle for a total sum of $45,000.00.
The adjacent land owner has agreed to contribute $10,000 to the
settlement. The payment of the verdict at the present time would be
as follows:
Judgment $53,946.85
Interest to 9/30/83 2,643.26
Costs 2,111.00
Total $58,701.11
Our apportioned percentage of liability, pursuant to the Judgment,
would make the portion of the payment by the adjoining land owner
$11,250.00, but they have only agreed to pay $10,000.00. If we
accept the settlement, the City would pay $35,000.00 instead of
$42,696.85 plus interest. The adjoining land owner has agreed to
split the costs in half, including the price of the transcript
which has been ordered.
I recommend settling the case for that amount
are seldom overturned by the appellate court.
was very questionable in this case, the extent
the PlaintifF sufficientl,i warranted the jury
Attorney's Office recommends that the City of
in full and complete settlement of this claim.
JGP/GC/f1
Enclosure (Resolution)
since jury verdicts
Although liability
of the damages of
amount. The City
Miami may $35,000.00
93--990,