HomeMy WebLinkAboutR-83-0221RESOLUTION NO. "`� 1,-, Az
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO HECTOR NAVARETTE, THE SUM
OF 'TWENTY THOUSAND FIVE HUNDRED DOLLARS
($20,500.00) WITHOUT THE ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF
ALL BODILY INJURY, PERSONAL INJURY PROTECTION
f;IENS, WORKER'S COMPENSATION LIENS, CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, AND
ITS EMPLOYEE DAVID JOHN FISCHER, AND UPON
EXECUTION OF A RELEASE RELEASING THE CITY
FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Hector Navarette, through Albert A. Gordon, Esq.,
his attorney, filed a claim against the City of Miami for alleged
bodily injury, personal injury protection liens, and worker's
compensation liens, claims and demands, resulting from an
accident involving a City owner: vehicle on October 1, 1979 on
Flagler Street at its intersection with Southwest 64th avenue in
Miami, Dade County, Florida; and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office and in accordance with
Ordinance #8417, which created the City of Miami's Self -Insurance
Program, the said office recommends that this claim be settled
without the admission of liability, for the sum of Twenty
Thousand Five Hundred Dollars ($20,500.00);
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 hector Ilavarette the sum of Twenty Thousand Five
Hundred Dollars ($20,500.00), without the admission of liability,
in full and complete settlement of all bodily injury, personal
injury protection liens, worker's compensation liens, claims and
demands against the City of Miami and its employee, David John
Fischer, upon execution of a release releasing the City of Miami
and David John Fischer from all bodily injury, personal injury
protection liens, worker's compensation liens, claims and
demands.
CITY COMMISSION
MEETING OF
MAR 18 IM
.
ION no. s.: - L^.
rj_
PASSED this 18 day of March, 1983.
MAURICE A. FERRE
MAURICE A. FERRE
MAYOR
ATTEST:
RALFH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
JulIA J. 'ROBERTS
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOSE R. GARCIA-PEDROSA
CITY ATTORNEY
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM• Jose R. Garcia -Pedrosa
City Attorney A/J
DATE: February 23, 1983 FILE V-79-165
& L-82-19
SUBJECT Hector Navarette v. City of Miami
and Police Officer David John
Fischer
Circuit Court # 82-2410 (27)
REFERENCE/I : October 1, 1979
L/I: Flagler St. & S.W. 64th Ave.
ENCLOSURES:
Plaintiff,
Hector Navarette, filed a claim
against
the
City of
Miami and
Police Officer David John Fischer,
through
his
attorney
Albert A.
Gordon, for personal injuries
received
in
a motor
vehicle accident with a City owned patrol car.
The accident occurred on October 1, 1979 in the early morning
hours at Flagler Street and its intersection with Southwest 64th
Avenue. Plaintiff Navarette was eastbound on Flagler Street when
Officer David John Fischer, in a Miami patrol car, entered
Flagler Street at its intersection with 64th Avenue and struck
Mr. Navarette's vehicle on the right front side. There were stop
signs controlling 64th Avenue at that intersection. Since the
ownership and operation of a City vehicle were involved, respon-
sibility rests with the City.
Mr. 'Navarette, who was 48 years old at the time of the accident,
was thrown to the left and forward in his motor vehicle striking
the left side of his face and injuring his left knee and back.
On the day of the accident, Mr. Navarette went to see Dr. Ramon
Bezanilla, a general practitioner. The doctor diagnosed a closed
head injury, facial injuries including a possible fracture of the
left upper malar (jawbone) and orbit (eye socket) region (not
clearly defined by x-rays) and injuries to the left knee and
back. Dr. Bezanilla treated Mr. Navarette with physical therapy
for his back and knee and prescribed pain -killers for the facial
injuries. Dr. Bezanilla discharged Mr. Navarette from treatment
for the facial and back injuries in February of 1980. But Mr.
Navarette returned as late as June of 1980 and complained of pain
in the area of the facial injuries, which caused the doctor to
diagnose neuralgia in that area. Mr. Navarette has indicated
that these two conditions are now basically resolved.
Dr. Bezanilla had diagnosed a trauma to the left inner knee as
evidenced by the hematoma or large bruise in the area after the
accident. The hematoma persisted and there were signs of
possible phlebitis. In December of 1979? large, discolored veins
Fl0)4
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Honorable Mayor and Members
of the City Commission
-2- February 23, 1983
began to appear in the area of the hematoma. As the condition
continued to develop, Dr. Bezanilla referred Mr. Navarette to Dr.
Rene M. Mora, a specialist in angiology or peripheral vascular
diseases.
Dr. Rene M. Mora saw Mr. Navarette in September of 1980. At that
time, he found large, protruding, discolored veins in the left
inner area of the left knee and a similar condition developing in
the lower shin area of the left leg. Mr. Navarette complained of
tenderness in these areas and tiredness on walking. The doctor
diagnosed a weakening of the vein walls, a condition commonly
known as varicose veins. Based on Plaintiff's medical history
and the limited location of the veins, Dr. Mora related the
condition to the blow suffered by the left leg during the
accident which resulted in the hematoma. Dr. Mora recommended a
surgery consisting of the removal or stripping of the veins as
the only possible treatment to relieve Mr. Navarette's condition.
The City of Miami had Mr. Navarette examined by Dr. Duane G.
Hutson, an associate professor in the Department of General
Surgery at the University of Miami Medical School. Dr. Hutson
basically agreed with Dr. Mora's diagnosis and recommendations,
but indicated that the surgery may not relieve all symptoms of
pain and that the veins could possibly redevelop. Both doctors
agree that Mr. Navarette would have to be hospitalized for one
week and would require an additional two to three weeks to
recuperate. Both doctors indicated that there were some risks
involved in the surgery as in all surgery and Mr. Navarette would
have to undergo such preliminary tests as a venogram to confirm
that the under -lying circulatory system in his leg could support
the increased blood flow once the surgery was performed. Both
doctors estimated the probable cost of this surgery and hospital
time as approximately $3,500 to $4,000.
Mr. Navarette consulted with Dr. Ian Reiss, a specialist in
vascular and general surgery, in early February of 1983 for a
third opinion and Dr. Reiss agreed basically with Dr. Mora and
Dr. Hutson.
Mr. Navarette has incurred approximately $600 in medicals to date
for Dr. Bezanilla's treatment and the consultations with Drs.
Mora and Reiss. Future medical treatments such as the recom-
mended surgery will cost between $3,500 and $4,000.
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Honorable Mayor and Members -3- February 23, 1983
of the City Commission
Mr. Navarette lost one week from work at the time of the ac-
cident. He was employed as a travel agent and was making
approximately $250 a week. He is now self-employed as a travel
agent and will probably incur four weeks of loss income for
surgery and recuperation or $1,000 figured at the same rate
indicated above.
All medical expenses and other damages have been verified as to
correctness. Plaintiff's initial demand was $40,000.00 which
was later reduced to $35,000.00 as trial approached. After
extensive discussions and negotiations, this matter can now be
settled for $20,500.00.
The claim has been investigated by the City Attorney's Office in
accordance with Ordinance No. 8417, which created the City of
Miami's Self -Insurance Program. The City Attorney's Office
recommends that the City of Miami pay $20,500 in full and
complete settlement of this claim.
J R%wpc/ab
(Resolution)
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