HomeMy WebLinkAboutR-83-0401i 0
J-83-356
RESOLUTION NO. ; 1
A RESOLUTION AUTHORIZING THE, DI RECTOR OF
FINANCE TO PAIL TO LUELLEN RUSSELL AND ANIIA
RUSSELL, HIS WIFE, THE SU,i OF FOURTEEN
THOUSAND THREE: H,INukPD DOLLARS (�, 14 , 300 .00 )
NITHOUT T11E ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ALL 50DILY,
PERSONAI, INJURY PPoTrc,rioN LIG'vS, WORKER'S
COMPENSATION LIENS, PROPERTY DAMAGE CLAII-45,
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI
AND UPON EXECUTION OF A RE:I,11i1'A-1;E RF,LEASING THE
CITY OF IEIAI,,iI FROM ALL CLAIMS AND DE;MANUS.
WHEREAS, LUE1,LEN RUSSF;LL ana ANJTA RUSSE:GI,, his wife,
through
David H. Gold,
Esq.,
tF-,eir
attorney,
filed
a claim
against
the CITY OF 1,1IAi41
for
alleged
bodily
injury,
;)ersonal
injury protection liens, worker's compensation liens and property
damage resulting from an accident on a City street involving a
City of Miami Police Department vehicle which occurred on
December 18, 1981; and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Of_tice and in accordance with
Ordinance
No. R417,
which
created the City
of
Miami's
Self -
Insurance
Program, the
said
office recommends
that
these
claims
he settled for the sun of Fourteen Thousand Three Hundred Dollars
($14,300.06);
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 LUELLEN RUSSELL and ANITA RUSSELL, his wife, the surn
of Fourteen Thousand Three Hundred Dollars ($14,300.00) 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, personal injury protection liens, Worker's compensation
liens, property damage claims, claims and demands.
CITY COMMISSION
MFETING Or
f"A Y 12 1983
PASSED this I2th
A'VVEST :
F. LPH G. ONGIF
CITY CLERK
.PREPARED AND APPROVED BY:
J IA J . ,RO RTS
ASSISTANT CITY' ATTORNEY
day of May, 1983.
Murice A. Ferre
MAURZCF. A. FERRE
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
RAG/JJ R/wpc/ ate/0 3 8
-2-
2
4
TO
FROM
CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Jose R. Garcia -Pedrosa
City Attorney
C A 7 E April 28, 1983 FILE V-82-001,
L-82-96
6 E•^+ & L-82-86
Luellen Russel and Anita
Russell, his wife, and Wilbert
aEFEFENCES Gilley v. The City of Miami &
Officer Anthony Williams
D/I: December 18, 1981
ENLLOSURC� L/I: Northwest N.W. 62nd St.
EaSt of N.K. •
Luellen Russell and Anita Russell, his wife, and Wilbert Gilley,
filed claims against the City of Miami through their attorney,
David Gold, Esq., for personal injuries arising out of an
automobile accident occurring at the above mentioned location
involving a City of Miami police vehicle being driven by.an on
duty uniformed patrol officer. Anita Russell sued for loss of
consortium.
The accident occurred on December 181 1981 at approximately 11:30
P.M. Plaintiff, Luellen Russell, is 38 years of age and Wilbert
Gilley is 29 years of age. Luellen Russell was driving a 1966
Ford, two door Mustang, east on 62nd street just east of North-
west 12th Parkway. Our police vehicle being driven by Officer
Anthony Williams, was responding to a "police officer in trouble"
signal and had its flashing emergency lights on and was
proceeding east on Northwest 62nd Street as well. It was behind
an unknown vehicle waiting for the vehicle to pull to the right
in response to the emergency signal, which the vehicle started to
do, but the unknown vehicle then pulled back into the left lane.
The police vehicle was then faced with the decision of remaining
behind the vehicle in the outer or fast lane or going to the
curb lane in order to get around the unknown vehicle. In
choosing to go around the unknown vehicle it struck Plaintiff's
vehicle which had pulled to the right hand lane in response to
the flashing emergency signals and audible warnings and was
either stopped or just about stopp at the curb. The police
vehicle was travelling, by our own admission, between 35 and 40
MPH when it struck the Plaintiff's vehicle in the rear causing a
total loss to the Ford automobile. Our police officer indicated
that he was only from one to one and half car lengths away when
he changed from the left to the right hand lane and struck
Plaintiff's vehicle. Both Plaintiffs Russell and Gilley were
seated in the automobile when it was struck by the City vehicle.
83--401
10
El
Honorable Mayor and Members
of the City Commission
-2-
April 28, 1983
Both Russell and Gilley initially complained of initial dizziness
and shock and were taken immediately to Jackson Memorial
Hospital by Randle Eastern Ambulance service. Their condition is
borne out by the hospital records. Plaintiff Russell was issued
a ticket for illegal parking when the accident was investigated
by the supervising sergeant, but at the trial, our driver and
police officer admitted that the accident was his fault and.
therefore there was a finding of not guilty on the part of the
Plaintiff driver Russell.
Luellen Russell - At the scene, while still near his vehicle,
Luellen Russell felt sick and complained of a headache. Emer-
gency service was summoned and he was taken to Jackson Memorial
Hospital and was treated in the emergency room and x-rayed. He
then came under the car of Richard Mirrow, h;.L., who states that
Mr. Russell was suffering from (1) post -accident traumatic
headaches as a result of the contusion to his head; (2) cerebral
concussion; (3) cervical strain superimposed on a pre-existing
osteoarthritis and degenerative disc disease; (4) lumbosacral
strain.
Mr. Russell was fitted with a cervical collar and lumbar corset,
placed on medication and was administered physiotherapy to the
injured areas. Dr. Mirrow referred Mr. Russell to Dr. Alfredo
Sardinas for an orthopedic consultation. Dr. Sardinas felt that
Mr. Russell had sustained a traumatic sprain to the cervical and
lumbar spine. Then, because of alleged transportation problems,
Air. Russell began treating with & local chiropractic physician.
He returned to see Dr. Mirrow on one further occasion where Dr.
Mirrow assigned permanent partial impairment in the range of 5 to
10% of the body as a whole resulting from the subject accident.
Mr. Russell had total medical bills of $2,514.00. In addition,
Mr. Russell had his own auto body shop and claimed to make
approximately $8,000.00 per year. He was out of work for two
months where he could perform no physical labor at all and still
alleges he cannot perform up to his previous standards. He was
claiming approximately $1,300.00 lost wages.
There was a $3,300.00 property damage claim for the total loss of
a 1966 Ford Mustang. This was a classic edition of the Ford
Mustang and was in good shape.
Wilbert Gill e - Mr. Gilley was a passenger in the automobile
struck by t e police vehicle. Immediately after the impact,
Gilley claimed to have been dizzy and in shock. This is borne
83--401L
r
Honorable Mayor and Members -3- April 28, 1983
of the City Commission
out by the hospital records which we have obtained and which
indicate that he was a hemophiliac and takes Factor H. On
initial interview at the Emergency Room it indicates that Mr.
Gilley could not give much information nor remember the details
of the accident very well due to his dizziness. There was
forearm swelling and right ankle swelling at the Emergency Room
and a large hematoma on the left proximal forearm and tenderness
of the right ankle. The lateral malleolus was also tender. The
forearm revealed swelling about the size of a large len►on. Also
there was a left forearm hematoma. X-rays were taken at Jackson
Memorial Hospital which indicated there were soft tissue swelling
above the elbow and multiple cystic injuries in both humeral
condyles, as well as narrowing of the elbow joint. No acute
fracture was identified.
Dr. Mirrow, by whom Mr. Cilley was treated, diagnosed his
injuries as: contusions of the head with post traumatic head-
aches, cerebral concussion, contusion with hematoma; formation in
the left forearm; severe strain of the muscle and ligaments of
the cervical and upper thoracic spine; strain of the muscles and
ligaments of the lumbosacral spine; contusion and sprain of the
left ankle joint. Dr. Mirrow prescribed a cervical collar, as
well as certain pain relievers and muscle relaxants. Although
x-rays taken of the lumbosacral spine were negative for sub-
luxations, there was noted a spina bifida occults present in the
first sacral segment. Progress reports by Dr. Mirrow revealed
that Gilley continually complained of pain even though medica-
tions were being changed frequently to try to alleviate it. The
doctor indicated that he was having' headaches and dizziness, as
well as nausea and blurring of vision. Straight leg raising was
limited to 60 degrees at which point the patient complained of
pains in the lower back. Gilley was also seen by Dr. Michael
Gilbert for his dizziness who requested that he try oxygen
inhalation treatments which dial not help after two or three
visits. In addition to the cervical lumbar sprain, a post
concussion syndrome was also found, but was discontinued after
treatments proved ineffective. Mr. Gilley had total medical
bills in the amount of $1,295.00 with no lost wage claim.
All of the medical expenses and other damages had been verified
as to correctness. Plaintiffs' initial demand was $23,000.00 for
the Russell claim and $12,000.00 for the Gilley claim. After
extensive discussions and negotiations, the Russell claim can be
83-401
4
0
Honorable Mayor and Members
of the City Commission
-4-
April 28, 1983
settled for $14,300.00 including the property damage claim and
the loss of consortium claim of the wife. The Gillev claim, can
be settled for $6,O00.00. The City Attorney personally attended
the settlement discussions pursuant to order of Judge Gordon.
The claim has been investigated by the City Attorney's Office in
accordance with Ordinance No. 8417 which created the City of
Miami Self -Insurance Program. The City Attorney's Office
recommends that the City of :Miami pay $14,300.00 on the claim of
Luellen Russell and Anita Russell and $6,000.00 on the Wilbert
Gilley claim, in full and complete settlement of all claims.
JGP/RAG/wpc/ab/040
Enclosures (Resolution)
cc; City Manager
City Clerk
S3-4101