HomeMy WebLinkAboutR-83-04024
J-b3-357
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO WIL,BERT GILLEY THE SUhi OF
:SIX THOUSAND DOLLARS ($6,000.00) WI'THOU'i' THE
ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ALL BODILY, PERSONAL INJURE'
PROTECTION LIENS, WORKER'S COMPENSATION
LIENS, PROPERTY DAMAGE CLAIMS, CLAIMS AND
ORMANDS AGAINST 'THE' CITY Or MIAINI AND UPON
EXECUTION OF A RELEASE RELEASING THE CITY OF
MIAMI FI�OM ALL CLAIMS AND DEMANDS.
WHEREAS, WIL13ERT GILLEY, through David fl. Gold, Esq. , his
attorney, filed a claim against the CITY OF MJAMI for alleged
bodily injury, personal injury protection liens, Worker's
compensation liens and property damag(, resulting Lro1r, an accident
on a City street involving a City of Miami Police Depart,T;ent
vehicle which occurred on December 18, 19b1; anti
WHEREAS, the above claim has been investigated by the forts
Division of the City Attorney's Office anti in accordance with
Ordinance No. 6417, which created the City of I'iiami's Self -
Insurance Program, the said office recommends that these claims
be settlef3 for the sure of Six Thousand Dollars ($6,000.00);
NOW, THEREFORE, BF, IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay to WILBERT GILLEY the sure of Six Thousand Dollars
($6,000.00) in full and complete settlement of all bodily injury,
personal injury protection liens, r;orker's compensation liens,
property damage clailns, claims anJ demands against the City of
Niami upon execution of a release, releasing the City of Miami
from all bodily, personal injury protection liens, Worker's
compensation liens, property damage clairns, claims and demands.
-CIT'i C d.1 ; i IN
MAY lZ 1983 Al
RE`. LL-110,� i%;: -R' tV ti
tI VARK:
PASSED this 12th clay of May, 1963.
Maurice A. Ferre
MAURICE A. F'ERRE
MAYOR
ATTEST:
RALVH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
lz IF 0
IA J. h ERTS
10
ASSIs,rANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
L
IAOI--
4(FSE R. GARCIA—PEDROSA
ITY ATTORNEY
RAG/JJR/wpc/ab/039
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79
Honorable Mayor and Members
of the City Commission
Jose R. Garcia -Pedrosa
City Attorney
April 28, 1983 V-82-001,
L-82-96
& L-82-86
Luellen Russel and Anita
Russell, his wife, and Wilbert
Gilley v. The City of Miami &
Officer Anthony Williams
D/I: December 18, 1981
L/I: Northwest N.W. 62nd St.
East of N.W.- 12th P'kway. -
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 accioent occurred on December 18, 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 drivinq 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 liqhts 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 nulled 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.
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4
Honorable Mayor and Members -2- April 28, 1983.
of the City Commission
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, N.D., who states, that
Mr. Russell was suffering from: (1) post -accident tramatic
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,
Mr. Russell began treating with a local chiropractic physician.
He returned to see Dr. Ifirrow 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.
Fir. Fussell 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 Gille - 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
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V
Honorable Mayor and Members
of the City Commission
-3-
April 28, 1983
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 larvae 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 lemon. 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 fir. Cilley was treated, diagnosed his
injuries as: contusions of the head with post traumatic head-
aches, cerebral concussion, contusion with heiriatoma; 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 occulta 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 did 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
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Honorable Mayor and Members
of the City Commission
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April 26, 1983
settled for $14,300.00 including the property damage claim and
the loss of consortium claim of the wife. The Gilley claim, can
be settled for $6,G00.0G. 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 1,9anager
City Clerk
83-402