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Home My WebLink AboutR-83-0120J-33-30 r 6 # RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO HENRY GOLD AND SHIRLEY GOLD, HIS WIFE, THE SUM OF ELEVEN THOUSAND FIVE HUNDRED DOLLARS ($11,500.00) WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALI, BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, WORKER'S COM- PENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE, CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. WHEREAS, Henry Gold and Shirley Gold, his wife, through Thomas D. Lardin, Esq., of Weaver, Weaver & Lardin, P.A., their attorneys, filed a claim against the City of Miami for alleged bodily injury, personal injury protection liens, and worker's compensation liens resulting from an accident on a City owned sidewalk on February 14, 1980 at 35 Northeast 1st Avenue in Miami, Dade County, Florida; and WHEREAS, the above claims have 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 -In- surance Program, the said office recommends that these claims be settled without the admission of liability for the sum of Eleven Thousand Five Hundred Dollars ($11,500.00); 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 Henry Gold and Shirley Gold, his wife, the sum of Eleven Thousand Five Hundred Dollars ($11,500.00) in full and complete settlement of all bodily, personal injury protection liens, worker's compensation liens, claims and demands against the City of Miami and upon execution of a release releasing the City of Miami from all bodily injury, personal injury protection liens, worker's compensation liens, claims and demands. CITY COMMISSION � iTING u 10 3 � s !:.. ..................... 4 4 PASSED AND ADOPTED this loth day of February, 1983. Maurice A. F'erre MAURICE A. FERRE MAYOR ATTEST:G' RA H G. ONGIE CITY CLERK PREPARED AND APPROVED BY: ,TULIA J . ROBERTS ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r & ► -/ OS R. GARCIA-PEDROSA CITY ATTORNEY wpc/060 -2- so = Hcnorabl,, Mayor and Mtembprs January 24, 19 3 L-81-023 of t e C i t C0;;.:^is S,ion & VC-0;0-0649 r PLenr,• Gold anc 'S'n ir le,y Gold, hi: wife, nlaintifs-, '✓s. The City O • Miami et al., 0ef.enSants Circuit Court Case = 81-2739 (15 Jose R. Garcia -Pedrosa D/I: 2/14/80 City Att•- ,ev l L/I: 35 ?7orth0a�-,11- 1st Avenue Plaintiffs, Henry Gold and Shirley Gold, his wife, filed a 'claim against the City of Miami through their attorney, Thomas D. Lardin, Esq., of ,weaver, Weaver &' L,,rdin, P.A., for personal injuries sustained by Henry Gold when he tripped and fell on a deteriorated City sidewalk. Shirley•Gold's claim is a derivative action for loss of consortium. This accident occurred on February•14, 1980 at 35 Northeast 1st Avenue. The sole responsibility for the maintenance of the. sidewalk area rests with the City of Miami as the court has determined that no responsibility rested with the adjacent landowner and -Plaintiff has settled with the third defennant, Miami Dade Water & Sewer Authority, who did not admit liability. The Plaintiff, Henry Gold, a courier, was injured as he was _ walking down the City of 111i.ami sidewalk at or near 35 Northeast 1st Avenue to make a�delivery. Forced to the outside curb of the sidewalk due to congested pedestrian traffic at a bus stop, he stumbled on a broken area, The City of Miami asphalit patch in the area had deteriorated. uenry Gold, age 51 at the ti-le of the incident, suffered a fractured right an%le and was out of work from February 14, 1930 to *•Say 16, 1980 by doctor's orders. Initially treated at the Bennett Community Hospital Emergency Room, he was followed in -office by Dr. Darrell Burgess, who put Mr. Gold in a short leg cast and immobilized hits for the first 'part of treatment. Mr. Gold. was allowed to use crutches and a walker will increased ,.,eight. bearing aft,�r the cast way removed on ilarch 26, 1:80. Dr. Burgess di chariod him on May 16, 1980 �-Ath a ten (10 �) permanent partial (iisability rating as to the ankle, based"uppn, continued tenderness and swelling in the area of the fract,.ire, which indicated permanent injury to tine muscles and ligaments. Gold returned to see Dr. Burgess on April 20, 1982. At. that time he complained of continued pain and swelling in iris right ankle, in the area of the fracture. Mr. Gold had developed a sinus tar.is syndrome, which involved a pinching or sc;rezing of - the tissues in the area of the fracture, afiectir- ti:e way he s i �noraul'� Ma -or anJ . %le`llberz -2- Janu;: r` 24, 1923 — of Cit,7 Co-mrission stood. Dr. Burgess related this to the accident injt-r.:/ and Prescribed *n orthopedic shoe for constant wear aloe•_, o ith elevation and soa%in3 of the ankle to relieve the swelling. Mr. Gold examined by Dr. Joseph J. ralbac at the request of til(? C i t 1, ,;ia;cLi. Dr. kalbac Found a perfectly healed fracture and no cw?llinq at the early morning appointment. He could not express an opinion as to the cause of the swelling to the ankle after a days work without further examination. Although ,Mr. Gold had fracture(: his ankle and was immobilized for the better part of twelve weeks, his total medicals were only $397.00. Mr. Gold ;gas earning approximately $400.00 a week as a courier at the time of the accident. Le lost approximately twelve weeks from work or about $4,800.00 in lost.wages. When he returned to work as a courier, lie could only work part time and finally switched to cab driving in order to relieve the pressure on his ankle. He later started his own courier service and has made no claim of loss o•f future earning capacity. Mr. Gold continues to complain of pain and swelling in the right ankle at the end of a work day. F3oth he and his wife, Shirley Go!.-!, make good witnesses and are believable. All of the medical expenses and othtrr damages have been verified as to correctness. The original demand that Plaintiff oresented was $30,000.00. This was later reduced to $16,000.00. After extensive discussions and negotiations, the matter can now lbe settled for $11,500.00. This 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 and the City Attorney's Office recommends that the City of ;9iami pay $11,500.00 in settlement of this claim. • 1 JJ:Z/'r; ;)C/0 5 9 Enclosures (Resolution)