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HomeMy WebLinkAboutR-83-0305J-83-179 RESOLUTION NO. A RESOLUTION AUTHORIZING THE, DIRECTOR OF FINANCE TO PAY TO EARNEST ANDERSON, THE SUM OF NINE THOUSAND DOLLARS ($9,000.00) WITHOUT THE ADMISSION OF LIABILITY, 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 AND UPON EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. WHEREAS, Earnest Anderson, through Philip Freidin, 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 property damage resulting from an accident on a city owned street on March 6, 1979, at approximately Hibiscus Street and Bird Avenue, Miami, Florida; and WHEREAS, the above claim has been investigated by the Torts Division of the City Attorney's Office and 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 for the sum of Nine Thousand Dollars ($9,000.00); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Director of Finance is hereby authorized by pay to Earnest Anderson the sum of Nine Thousand Dollars ($9,000.00) without the admission of liability 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 protection liens, worker's compensation liens, property damage claims, claims and demands. PASSED AND ADOPTED this 6th day of April , 1983. TEST: 410 RALP G. NGIE City lerk PR P REn /JWD PPycO p B26' Assist 'City Attorn y Maurice A. Ferre MAURICE A. FERRE, Mayor APPROVE/ AS TO FORM AND CORRECTNESS: 000-1 OSE R. GARCIA-PEDRC�9 City Attorney iC. n2 �; 1983 63 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Tc The Honorable Mayor and Members of the City Commission Jose R. Garcia -Pedrosa City Attorney March 22, 1983 F,LE L-81-129 Earnest Anderson v. City of Miami, Case No. 81-17632(21) ESE E5 D/I : 3/6/79 L/I: Hibiscus Street and E•.=L: _ __: South side of Bird __ ! ^(1)_Resolut_ion Plaintiff, Earnest Anderson, filed a claim against the City of Miami, through the Law Offices of Phillip Freidin, P.A., alleging personal injuries that occurred on March 6, 1979, when an unknown motor vehicle (truck) struck him from the rear, causing the bicycle he was riding to swerve to the right and collapse into a biteout (chuckhole) along the side of the roadway, which is owned and maintained by the City of Miami. The blow from the motor vehicle is believed to have been caused by the rear-view mirror of that vehicle, having grazed the plain- tiff's shoulder. Unfortunately, the aforesaid motor vehicle was never specifically identified and is not a defendant in this matter. When Plaintiff's bicycle collapsed into the biteout, he was thrown over the handlebars and came to rest on the shoulder of the road. The City has responsibility for maintaining the road and right of way at that location. Plaintiff was admitted to Doctors Hospital immediately after the accident, where he was treated by Dr. Richard Levitt, a board -certified orthopedic surgeon. Plaintiff was operated on by Dr. Levitt for a displaced fracture of the lateral plateau of the left tibia with attendant meniscus problems -broken left knee with attendant ligament involvement. During the operation, steel pins were inserted into the knee and leg for support purposes; and, a full -leg case was applied. The cast was removed after one month, and plaintiff was thereafter required to continue to use crutches and a cane for a period of months. A program of physical therapy was also instituted after removal of the cast; and, the pins were removed in December, 1979, approximately eight months after the accident. Plaintiff incurred medical expenses for his hospitalization at Doctors Hospital in the amount of $1,288 and for treatment by Dr. Levitt of $1,918. It should also be pointed out that Dr. Levitt's treatment was quite conservative and that the aforesaid expenses have been verified, as given. 83--3©5 U t The Honorable Mayor and Members March 22, 1983 of the City Commission Page 2 Dr. Levitt, upon final examination, awarded plaintiff a ten per cent permanent impairment of the left lower extremity and indicated that although the fracture had healed well, there was some slight irregularity of the tibial plateau. Plaintiff was recently examined by Dr. Joseph Kalbac as a court -appointed physician. He, too, awarded plaintiff a 10 per cent to 15 per cent permanent disability of the left lower extremity and indicated that this rating included the possibility of future degeneration as a result of the articular surface involved. Plaintiff was hospitalized for six days and was not able to work for approximately two months. Upon returning to work, plaintiff could only perform his duties on an abbreviated basis for a period of many months. This resulted in his losing addi- tional wages since he was only able to work for 30 to 35 hours per week. Plaintiff's claim for lost wages are $170.00 per week for eight weeks or $1,360. No dollar figure has been given for the additional time plaintiff claims to have lost from work, but testimony as to this matter would probably raise the lost -wages figure to the $2,000 range. Plaintiff's attorney had originally demanded settlement in the $100,000 range; but, after discussing the matter in great detail with the assistant city attorney in charge of the case, the demand was reduced to $35,000. After further discussion and negotiation, a compromise of $9,000 was reached. This 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 and the Office of Risk Management recommends that the City of Miami pay $9,000 in full and complete settlement of this claim. JGP/LMF/pb/009 cc: Howard V. Gary, City Manager Ralph G. Ongie, City Clerk