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RESOLUTION N0�3 33
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO WARREN WOMBLE AND
ELIZA WOMBLE? HIS WIFE, THE SUM OF
$7,250, 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 ITS EMPLOYEE, RICHARD
LEE PEARSON, AND UPON EXECUTION OF A
RELEASE RELEASING THE CITY AND ITS
EMPLOYEE FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Warren Womble and Eliza Womble, his wife,
through Michael J. Silverstein, Esq., of Silverstein and
Prichason, P.A., their attorneys, filed a claim against the
City of Miami and its employee, Richard Lee Pearson, for
alleged bodily injury, personal injury protection liens, and
worker's compensation liens, resulting from an accident
involving a City -owned vehicle on November 8, 1980 on
Northwest 15th Avenue between Northwest 63rd and 64th
Streets, 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 Ordinace No. 8417, which created the City of
Miami's Self -Insurance Program, the said office recommends
that these claims be settled without the admission of
liability for the sum opf. $7,250;
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 Warren Womble and Eliza Womble, his wife, the sum
of $7,250, 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, Richard
Lee Pearson, upon execution of a release releasing the City
of Miami and its employee, Richard Lee Pearson, for bodily
injury, personal injury protection liens, worker's
compensation liens, claims and demands.
CITY COMMISSION
MEETING OE
JAN„-33'
40
6
PASSED AND ADOPTED this 13 day of January ,
1983.
MAURICE A. FERRE
M A Y 0 R
WEST:
-A-A-ffPH G. ONGIE, CITY CfitRK
PREPARED AND APPROVED BY:
A mow,
40CIA J. OBERTS
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
ITY
R. GARCIA-PEDROSA
ATTORNEY
i
0a
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE January 41 1983 FILE L-81-150
of the City Commission v-81-194
Warren Womble and Eliza Womble,
SUBJECT his Wife, Plaintiffs, v. City
and Richard Lee Pearson,.
General Jurisdiction Div.
FROM Jose R. Garcia -Pedrosa REFERENCES Case No. 81-200326 (20 )
City Attorney D/I: November 8, 1980
ENCLOSURES L/I: 15th Avenue Between NW
63rd and 64th Streets
Plaintiffs, Warren Womble and Eliza Womble, his wife, filed a
claim against the City of Miami and its employee, Richard Lee
Pearson, through their attorney, Michael J. Silverstein,
Esq., of Silverstein and Prichason, P.A., for personal
injuries sustained by Warren Womble when he was struck by a
City of Miami police motorcycle. Eliza Womble's claim is a
derivative action for loss of consortium.
The accident occurred on November 8, 1980 in the Southbound
lanes of Northwest 15th Avenue between Northwest 63rd and
64th Streets. The ownership and operation of a City of Miami
motorcycle was involved and responsibility rests with the
City of Miami.
The plaintiff, Warren Womble, was injured when he was struck
by the City of Miami police motorcycle. Mr. Womble had
stepped off of the curb of Northwest 15th Avenue and
proceeded to the driver's door of his automobile which was
parked parallel to the curb and was preparing to open that
door when the accident occurred. At that time? City of Miami
Motorcycle Officer Richard Lee Pearson, pulled out from
behind a funeral procession which he was escorting Southbound
on Northwest 15th Avenue and started to move up on the
righthand side of the procession to insure safe crossage at
an upcoming intersection. The lane in which the funeral
procession was traveling in was a wide lane leaving
sufficient room for the motorcycle to pass in-between the
procession and the parked cars, but not enough room for
another automobile to pass. There was not enough room for
both a pedestrian to enter a motor vehicle and the motorcycle
to pass that person between the parked car and the funeral
procession at the same time. Consequently, when the Police
Officer saw the plaintiff, he reacted quickly by laying the
Honorable Mayor and Members January 4, 1983
of the City Commission Page 2
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motorcycle down. The plaintiff also had no chance to move
out of the path of the oncoming motorcycle and was
consequently struck below the waist on the right side. Three
to four witnesses on behalf of the plaintiff stated that
plaintiff was already in position in the street when the
Police Officer first pulled out around the funeral procession
and started to accelerate. The Police Officer did not have
his siren on nor could he remember whether or not his
warning lights were on. The one witness favorable to the
City of Miami Police Officer, indicated that she was standing
south of the accident on the opposite side of the street and
had to look through the passing funeral procession to see
what occurred. Plaintiff's witnesses were on the same side
of the street, level with the point of impact with only
plaintiff's car to obstruct their view of the actual impact.
Based upon this, liability rests basically upon the City of
Miami Police Officer with some comparative negligence on the
part of the plaintiff.
Plaintiff's injuries include lacerations of the left hand and
left foot, injury to the right leg, foot and ankle,
headaches, nausea, anxiety, and pain and stiffness in the
lower back. From the accident, he went to Jackson Memorial
Hospital Emergency Room for treatment but did not obtain
treatment there due to the lengthy delay for service. He
went to see Dr. Richard D. Mirow on November 10, 1980. Dr.
Mirow cleaned and bandaged the lacerations, giving plaintiff
injections to prevent infection. The doctor initially feared
that plaintiff was suffering from thrombophlebitis in the
right thigh due to the swelling and tenderness in that area
but this condition was controlled with injections of
penicillin and no further complications developed. Plaintiff
was also given physical therapy for the pain and stiffness in
his lower back. He was discharged as asymptomatic after 3
months of treatment on February 9, 1981. Dr. Mirow felt at
that time that the plaintiff would be subject to pains in the
future in the region of his injuries.
Plaintiff returned to see Dr.
Mirow in July of 1982 with
complaints of the recurrence of
his back problems which were
exacerbated
by his profession
as a construction worker. Dr.
Mirow found
tenderness over the
lumbar spinous processes, the
lumbosacral
joint and over the
sacroiliac joint. There was
also muscle
spasm in the lumbosacral paravertebra muscles
bilaterally
although more marked
on the left side. Dr. Mirow
diagnosed an
acute exacerbation
to the original sprain and
strain of the plaintiff's muscles and ligaments. The
plaintiff was treated with medication and injections. Dr.
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83--38
Honorable Mayor and Members January 4, 1983
of the City Commission Page 3
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Mirow assigned plaintiff a 5 to 10% permanent partial
disability rating to the body as a whole resulting from the
November 8, 1980 accident based upon the subjective
complaints and objective findings described above.
The Plaintiff was also evaluated by Stephen I. Ticktin, an
orthopedic surgeon, on December 1, 1980. Dr. Ticktin found
an acute sprain of the cervical spine, an acute sprain of the
lumbosacral spine, and an acute sprain of the right ankle as
well as multiple trauma injuries. Dr. Ticktin has not
rendered a formal disability rating.
The plaintiff was evaluated Dr. Robert Ennis on behalf of
the City of Miami. Dr. Ennis examined Mr. Womble, who was 48
at the time of the accident, on October 18, 1982. Dr. Ennis
found no objective evidence of injury at that time or any
permanent residual impairment as a result of these injuries.
The doctor did find though that Mr. Womble had suffered a
post status cervical and lumbar strain and a sprain of the
right ankle. The doctor felt further improvement could be
reached if Mr. Womble began muscle strengthening exercises.
The plaintiff's medical bills from Dr. Mirow totaled $1,090
and the medical bills from Dr. Ticktin amounted to $390,
totaling $1,480 in medicals.
Plaintiff is also alleging lost wages in the amount of $1,440
during the more than 6 weeks he was unable to work as a
construction worker.
All of the medical expenses and other damages have been
verified as to correctness. The original demand that the
plaintiff presented was for $35#000. This was later reduced
to $12,000. After extensive discussions and negotiations,
the matter can now be settled for $7,250.
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 Miami pay
$7,2250 in settlement of this claim.
JGP/W/er r
Enc. Proposed Settlement Resolution
cc: City Manager
83-38