HomeMy WebLinkAboutR-83-0121J-83-26
RESOLUTION NO. -,; -- A.d
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO ETHEL MARSHALL AND DAVID MARSHALL, HER
HUSBAND, WITHOUT THE ADMISSION OF LIABILITY, THE
SUM OF $6,000.00 IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY AND PROPERTY DAMAGE CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON
EXECUTION OF A RELEASE, RELEASING THE CITY OF
MIA'MI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, ETHEL MARSHALL, filed a claim against The
City of Miami for the alleged bodily injury claim, resulting
from a slip and fall incident on or about the 26th. of
September, 1981, at or near 26th. Road Southwest and 1 Ave;
and
WHEREAS, the above claim has been investigated by the
Torts Division of the City Attorney's Office, and accordance
with Ordinance No. 8417, which created the City of Miami's
Self -Insurance Program, and said office recommends that the
herein claims be settled for the sume of $6,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby author-
ized to pay to Ethel Marshall, and David Marshall, her
husband, without the admission of liability, the sum of
$6,000.00 in full and complete settlement of all bodily
injury and property damage claims and demands against the
City of Miami, from all bodily injury, and property damage
claims and demands.
PASSED AND ADOPTED this loth day of February
1983.
PREPARED AND APPROVED BY: 11 L'RIC1; A. FERRE , MAYOR
/(��t,A/ 7/
Robert F. Clark
Deputy City Attorney
APPROVED AS TO FORM AND CORRECTNESS: A ST:
4seyGaedrosa ,AL H G.0 IE,i tAttorney
FEB 10 1983
•
61
'�norabiL� t,lerthers of the
'� 1 ty Lil:'l;il1 5s11)Il
J l«• R. Garcid-P-drosa
City Attorney
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CITY 01 MI A•'.li. F L(-)PIUA
INTER -OFFICE `.MEMORANDUM
i c1Lr ijary el, 1T1,3 GL81-133
Lthel Marshall VS City of Miami
D01 : 9/20/Pl
LO1: 1tU S.tt. 26 Road, Miami, Fla.
.., I I HI '.
This Claim was precipitated by a slip and fall incidFnt that occurred on
the 26th. day of September, 19L,3�1, at ov near the above, captioned address.
The contributing cause of the claimant's slip and fail incident was
attributable to the poor condition of the flags of the sidewalk which
were badly darlaged. Said incident occurred about 25 feet from the ent-
rance of the claimant's residence, and we were able to establish, through
cur investigation, that this area has been reported on several occasions
to our Department of Public Works, thus enabling the City to be aware of
the situation for quite some time prior to the occurrence of this accident.
CLAIMANT: Mrs. Ethel Marshall, 62 years of age, a homemaker. Mrs. Marshall
is married to Mr. David Marshall, same age, who is employed as an instructor
at the Adult Education Program of Dade County Public Schools at Lindsay
Hoskins. Their telephone number is 'B54-2563. They are not represented by
an attorney.
The general appearance of said sidet•raik, at the time of the accident,
belies the inherent problem which is created when the sidewalks are not
mi intained properly, which makes the public right -or -way quite difficult
and dangerous.
,'rs. Marshall was treated at the following wedical facilities:
DOCTOR AND/OR 'MEDICAL FACILITY
flercy Hos, i to l
Dr. Roger ;galker, anesthesiologist
Hr. Jannoch, pathology associate
Dr. Sanders, Mercy diagnostic
radiology
Dr. Herbert Virgin, Jr.
Southeastern Sports Medicine Therapy
Loudon i,ounty fMenlorial Hus;rital
Vonore Road
Loudon, Tennessee 37774
DATE AMOUNT
9/26/�1 S 1,482.10
9/26/81 190.00
9/26/U"1 7.40
9/26/81 36.00
9/26/81 thru 7/13/82 870.00
11/9/81 thru 6122182 1,543.72
1212118,1 thru 1/1/82 139.00
$ 4,268.22
Upon discharging the patient on July 13, 1982, Dr. Virgin gave Mrs.
Marshall a 20; permanent partial disability in her wrist.
')1
�,":"iM
Page 2.
The claimant made a demand of $10,000.00.
The above claim has been investigated by the City Attorney's Office in
accordance with ordinance 8417, which created the City of Miami Self -
Insurance Program, and said office recommends that the City of Miami
pays $6,000.00 to Mrs. Ethel Marshall and her husband David in full
settlement of this bodily injury claim.