HomeMy WebLinkAboutR-83-0223J-83-129 10 40
RESOLUTION NO. i3�223
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MARION PROVINCE, THE SUM
OF EIGHT THOUSAND FIVE HUNDRED DOLLARS
($8,500.00) WITHOUT THE ADMISSION OF LIA-
BILITY, IN FULL AND COMPLETE SETTLEMENT OF
ALL BODILY INJURY, PERSONAL INJURY PROTEC-
TION 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 OF MIAMI
FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Marion Province, through Jack Sobel, Esq., her at-
torney, filed a claim against the City of Miami for alleged bodi-
ly injury, personal injury protection liens, worker's compensation
liens and property damage resulting from an accident on a city
owned sidewalk on June 23, 1981, at approximately 1162 S. W. First
Street, 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 #8417, which created the City of Miami's Self -Insurance
Program, the said office recommends that these claims be settled
for the sum of Eight Thousand Five Hundred Dollars ($8,500.00);
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 Marion Province the sum of Eight Thousand Five Hundred Dollars
($8,500.00) in full and complete settlement of all bodily injury,
personal injury protection liens, worker's compensation liens, pro-
perty 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 compensa-
tion liens, property damage claims, claims and demands.
CITY COMMISSION
MEETING OF
MAR 18 1983
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i
PASSED this ig day of March, 1983.
ATTEST:
RALITH G. ONGIE
N%CITY CLERK
PREPARED AND APPROVED BY:
RICHARD A. GRADDOCK
Assistant City Attorney
MAURICE A. FERRE
MAURICE A. FERRE
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
c �
SE R. GARCIA-PEDROSA
CITY ATTORNEY
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52
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM Jose R. Garcia -Pedrosa
City Attorney
Es,
DATE February 18, 1983 FILE VC-81130
L-82-54
SUBJECT, Marion Province v. City of Miami
et. al.
Circuit Court Case #82-7675 (06)
REFERENCES. D/I: 6/23/1981
L/I: 1162 S. W. First Street
ENCLOSURES. Miami, Florida
Marion Province, filed a claim against the City of Miami through
her attorney, Jack Sobel, Esq.,for personal injury arising out of
a trip and fall on a defective City sidewalk.
The accident occurred on June 23, 1981 when the Plaintiff, Marion
Province, was walking in front of 1162 S. W. First Street, Miami,
Florida with the stated purpose of visiting a friend whom she was
advised worked on that block. Prior to arriving at the place of
accident, the Plaintiff had been at the Metro Dade Justice Building
visiting a friend at approximately 10:00 to 10:30 in the morning.
The accident occurred between 11:00 A.M. and Noon. While walking
down the block Plaintiff was approached by an elderly lady passing
to her left. In order to give the elderly woman more room, she
stepped to one side or to her right to allow the elderly woman to
pass and slipped and fell on a hole that was in the curb line of
the sidewalk. An examination of the area revealed a large section
of the curb missing. After the incident Plaintiff was assisted by
several gentlemen from the shoe store abutting the property and
placed in a seat while waiting for a friend to pick her up. She
was immediately taken to Jackson Memorial Hospital.
Plaintiff suffered what she was told at Jackson Memorial Hospital
was a fractured right ankle. However, X-rays reveal that it was
in fact a bone chip. She was placed in a cast at Jackson Memorial
Hospital and then treated by her physician Barry Silverman, M.D.
She remained in a cast for four months. The cast was changed two
or three times during that period. Plaintiff now complains of pain
on the lateral and medial aspect of the right ankle and indicates
that she cannot sustain any weight bearing activity on it for any
duration of time and has throbbing pains at intermittent intervals.
While Plaintiff was in the cast for the four months' period she
used crutches and a wheelchair to get about. Plaintiff was last
examined by Dr. Silverman on June 21, 1982, and has not seen another
physician since that time. Dr. Silverman's examination and report
estimates her permanent physical impairment at 20% of the right foot
� "' %w A �
6
Honorable Mayor and Members
of the City Commission
-2- February 18, 1983
while our examining physician, Dr. Elwin Neal, indicates there is
minimal restriction of inversion and eversion of the right ankle.
He further indicates that at present Plaintiff resists plantar
flexion of the right foot and complains of pain in the lateral as-
pect of the right foot and ankle and pain all about her right ankle.
Plaintiff had a medical bill of $1,700 at Jackson Memorial and $230
from Dr. Silverman for a total of $1,930. Plaintiff was not em-
ployed at the time of the accident and therefore had no out of pocket
lost wages although she indicates that she was prevented from ob-
taining employment due to the accident.
All of the medical expenses and other damages have been verified as
to correctness. Plaintiff's initial demand was $30,000 which was
later reduced to $15,000. After extensive discussions and negotia-
tions this matter can now be settled for $8,500.
The claim has been investigated by the City Attorney's Office in ac-
cordance 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 $8,500.00 in full and complete settlement of
this claim.
JGP/RAG/um
Enlcosures (Resolution)