HomeMy WebLinkAboutR-83-0222i
J-83-126
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RESOLUTION NO. " '"A -A.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MYRA LAKIND, THE SUM OF
SEVEN THOUSAND FIVE HUNDRED DOLLARS
($7,500.00) 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, Myra Lakind, through Scott Rovenger, Esq. of Linet,
Rovenger & Perkins, her attorneys, filed a claim against the City
of Miami for alleged bodily injury, personal injury protection
liens, worker's compensation liens and Prot:>erty damage resulting
from an accident on a city owned sidewalk on December 14, 1981,
at approximately 25 Southeast 1st Avenue, 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 these claims be settled
for the sum of Seven Thousand Five Hundred Dollars ($7,500.00);
NOW, THEREFORE, RE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay to Myra Lakind the sum of Seven Thousand Five Hundred
Dollars ($7,500.00) 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 front all bodily injury, personal injury protection liens,
worker's compensation liens, property damage claims, claims and
demands.
CITY COMMISSION
MEETI14G OF
MAR 18 1983
RESOLUIWit iw.
10
PASSED this 18 day of March, 1983.
ATTEST:
�RAL H G. ONGIE
``CITY CLERK
PREPARED AND APPROVED BY:
ASSIASTA'N
AJON
ROBERTS
T CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
I
SE R. GARCIA-PEDROSA
CITY ATTORNEY
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MAUR 1 CE A. FERRE
MAURICE A. FERRE
MAYOR
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CITY OF MIAMI. FLORIDA /
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE February 9, 1983 FILE VC-82-00
of the City Commission & L-82-117
SUBJECT.
Myra Lakind v. City of Miami
Circuit Court Case #82-16091
FROM REFERENCES:
Jose R. Garcia -Pedrosa D/I: December 14, 1981
City Attorney ENCLOSURES: L/I: 25 Southeast 1st Avenue
Plaintiff, Myra Lakind, filed a claim against the City of Miami
through her attorney, Scott Rovenger, of Linet, Rovenger &
Perkins, for personal injury arising out of a trip and fall on a
defective City sidewalk.
The accident occurred on December 14, 1981 at 25 Southeast 1st
Avenue. Plaintiff, unfamiliar with that City sidewalk, was
walking down the sidewalk when her foot caught and she fell
striking her head against the sidewalk. An examination of the
area revealed a sidewalk slab raised at one corner at least two
inches by a City planted tree. The area had been patched with
asphalt but due to the proximity of a manhole, the grade of the
patch was steep. Also the patch did not fully reach the raised
corner. Due to the condition of the sidewalk, responsibility for
the damages rests mainly with the City.
Plaintiff, Myra Lakind's injuries involved a cut on her forehead
due to the impact of her head on the City sidewalk, along with
nervousness and pain in her neck radiating into her shoulders.
Plaintiff was initially treated at the emergency room at North
Miami General Hospital by her internist, Dr. Thomas B. White. He
stitched a laceration below the hairline of her scalp and gave
her a tetanus shot. When he saw her a week later to remove the
stitches, he found muscle spasms in her neck, along with extreme
nervousness and prescribed medication and the use of a cervical
collar.
Plaintiff Lakind started treating with Dr. Nagaswami, a neuro-
surgeon, for her neck injuries on January 7, 1982. Dr. Nagaswami
found tremors in both hands, muscle spasm in the right leg,
limitation of movement of the cervical spine, muscle spasms
across the shoulders, limitation of movement in the thoracic
spine and muscle spasm over the left shoulder blade. He treated
her with physical therapy which continued into March of 1981. Her
complaints of the neck and head persisted. At that time, due to
her age of 75, the doctor felt she would not further improve and
assigned her a 10% permanent partial disability to the body as a
whole as a result of this accident.
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Honorable Mayor and Members
of the City Commission
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February 9, 1983
Plaintiff also treated with Dr. Jay D. Ellenby in reference to
her forehead laceration. She saw the doctor twice for consulta-
tion, once in January, 1982 and May, 1982. The doctor found an
irregular scar, visible at conversational distances of about six
feet. Although he did not feel that the scar could be per-
manently removed, he did feel that the appearance could be
approved by in -office plastic surgery at a cost of approximately
$600 to $700.
The City of Miami had the Plaintiff evaluated by Dr. Vaughn D.
Cohen, a neurologist. Dr. Cohen diagnosed a post traumatic head
injury and cervical strain manifested by a well healed scalp
laceration and a moderate degree of anxiety. He felt that she
may have emotional problems but did not assign a neurological
disability. Plaintiff complained subsequent to this examination
that the doctor had exacerbated her neck condition.
Plaintiff's medical bills related to this accident for all
treatment excluding Dr. Cohen's consultation totaled $939.00. A
probable $600 to $700 in future medicals has been documented.
There is no claim for lost wages, loss of future earning capacity
or loss of consortium. Plaintiff appears younger than her
seventy-five years and was very active prior to the accident.
All -the medical expenses and other damages have been verified as
to correctness. Plaintiff's initial demand was $19,000.00, which
was later reduced to $10,000.00 as trial approached. After
extensive discussions and negotiations, this matter can now be
settled for $7,500.00.
The claim has been investigated by the City Attorney's Office in
accordance with Ordinance #8417, which created the City of
Miami's Self -Insurance Program. The City Attorney's Office
recommends that the City of Miami pay $7,500.00 in full and
complete settlement of this claim.
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Enclosures (Resolution)
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