HomeMy WebLinkAboutR-83-0039f , # '
RESOLUTION N083--39
A RESOLUTION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO NORMA
MACLEAN THE; SUM OF EIGHT THOUSAND
DOLLARS ($8,000.00) 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 EDGAR R. SELAVA AND UPON
EXECUTION OF A RELEASE RELEASING
THE CITY FROM ALL CLAIMS AND
DEMANDS .
L*iHEREAS, Norma Maclean, through 411an J. Hodin of Kaplan &
Hociin, her attorneys, fileh a claim against the City of Miami for
alleged bodily injury, personal injury protection liens, worker's
compensation liens and property damage resulting from an accident
involving a City owned vehicle on June 22, 1979, on Biscayne
Boulevard at its intersection with Southeast 2nd Street, Miami,
Dade County, Florida; and
KHE,'RF.AS, the above claims have been investigated by the
'forts Division of. the City Attorney' s Office anti in accordance
with Ordinance 8417, which created the City of Miami's Self -In-
surance Proar.am, the saih office recommends that these claims be
settled for the suni of Eight Thousand hollars ($8,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE c:O.hMISS10N OF THE CITY
OF MIA,11 , FLORIG/,.
Section 1. The Director oL finance is hereby authorized
to pay to Norma Maclean th(, sum of Eight Thousand Dollars
($8,GUU.00) in full and complete settlement of all bodily,
personal injury protection liens, worker's compensation liens,
property damage claims, claims and demands against the City of
Miami and Edgar Rene Selava, upon execution of a release re-
leasing the City of Miami and Edgar Rene .Selava from all bodily
injury, personal injury protection liens, worker's compensation
liens, property daiaage claims, claims and demands.
CITY COMMISSION
AM -
MEETING OF.
A -39
U WMN N0...».«..............
PASSED AND ADOPTED this
13 day of January, 1983.
MAURICE A. FERRE
MAURICE A FERRE
MAYOR
ATTEST:
I
LPH' G. ONGIE Y�
TY CLERK
PREPARED AND APPROVED BY:
OF
J IA J. m
RTS k____
ASSISTANT CITY ATTORNEY
APPROVED AS TO FOIkM AND CORRECTNESS:
2�r�
00, VOSL•; R. GARCIA-PEDROSA
,CITY ATTURNI Y
-2-
83-39
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0;
30
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM Jose R. Garcia-Pedros
City Attorney A
°"TEJanuary 4, 1983
SUBJECT
Settlement of Norma
The City of Miami
Circuit Court Case
REFEiLEfj ? June 22, 1979
LLL///fEAii: Biscayne Blvd.
ENCLOSURES Miami, Florida
F"f-80-092
& V-79-109
Maclean v.
80-1340 (20)
& S.E. 2nd St.
Plaintiffs, Norma Maclean and Dan Maclean (her husband), filed a
claim against the City of Miami and Edgar Rene Selava (employed
by the City through CETA) through their attorney Allan J. Hodin
of Kaplan & Hodin, for personal injury and property damage
received by Norma Maclean in an automobile accident involving a
City of Miami motor vehicle. The derivative claim of husband Dan
MaClean for loss of consortium was dropped after one year into
the lawsuit as was the claim against City employee, Edgar Rene
Selava.
The accident occurred on June 22, 1979 on Biscayne Boulevard and
its intersection with Southeast 2nd Street. Plaintiff, Norma
Maclean, was stopped on Biscayne Boulevard at a red light when
rearended by a City of Miami truck driven by Edgar Rene Selava. A
summary final judgment on liability was entered against the City
therefore responsibility for the damages rests with the City.
Plaintiff, Norma Maclean, suffered orthopedic injuries with
possible neurological involvement as a result of this accident
which also resulted in property damage to her motor vehicle.
Plaintiff, Norma Maclean's injuries involved immediate pain in
her neck which subsequently radiated progressively into her
shoulders and down her arms, particularly the right arm. She
also suffered persistent headaches with nervousness and nausea
for over a month after the accident. Plaintiff was driving a
standard transmission vehicle at the time of the accident and due
to the force of the impact, her foot was knocked off the clutch
and she received a minor injury to that foot.
Dr. Alvin
initially Is
diagnosed an
lower heat
not like Dr.
E. Tobis, a Board certified orthopedic surgeon,
aw the Plaintiff on the day of the accident. He
acute cervical sprain and advised Plaintiff to use
and muscle relaxants. Plaintiff, Norma Maclean, did
Tobis and did not return to him.
83-39
J
M
Honorable Mayor and Members
of the City Commission
-2- January 4, 1983
When Plaintiff's condition failed to improve, she began treating
with Board certified orthopedic surgeon, Lloyd A. Moriber.
Plaintiff complained to him of neck pain, shoulder pain and
headaches. Dr. Moriber treated her conservatively for five
months utilizing a cervical collar and prescribing exercises and
hot showers and a limited use of muscle relaxants such as valium.
When Plaintiff complained of pain radiating into her left
shoulder and arm and then into her right shoulder and arm, Dr.
Moriber gave her injections to block the pain. After five months
he discharged her with a five percent (5%) permanent partial
disability to the cervical spine. Plaintiff, Norma Maclean,
returned to Dr. Moriber a year later with complaints of radiating
pain from the neck. He indicated that this condition was
permanent and that she would have to learn to live with it.
While Plaintiff was treating with Dr. Moriber, she complained of
severe headaches so he referred to her to Board certified
neurosurgeon, Jordan K. Davis. Dr. Davis performed several
neurological tests which were normal. The headaches were treated
with tylenol and•'fiorinol.
Because Plaintiff's minor problem with her left foot persisted,
she saw podiatrist David A. Stone, who relieved the symptoms with
a steroid injection. Plaintiff was still complaining of pain
from her neck radiating into her arm with weakness and inter-
mittent numbness in the right arm and hand over a year and one
half after the accident. She started seeing osteopathic Dr.
Arthur Snyder, who started treating her for these complaints
along with some allergies. Since the complaints, particularly
the complaints of numbness have persisted, he has proposed
further neurological testing.
Plaintiff, Norma Maclean, was seen by Board certified orthopedic
surgeon, W. Scott Piper, in December of 1981 at the request of
the City of Miami. Unlike Dr. Moriber, Dr. Piper did not give
Plaintiff a disability rating although he felt she had originally
suffered a cervical sprain. Dr. Piper did concur with Dr. Snyder
and noted that Plaintiff's complaint of numbness of the right arm
and hand could be due to neurological involvement but Dr. Piper
would agree to a disability rating on a neurological basis only
if further tests revealed objective findings. Plaintiff has not
followed up with either of these suggestions for further neuro-
logical testing.
Plaintiff's medical bills related to this accident for all
treatment including drugs but excluding Dr. Piper's consultation,
total $1,075.00.
83-39
0:
Honorable Mayor and Members
of the City Commission
-3- January 4, 1983
Plaintiff, Norma Maclean, lost two days from work. She was a
waitress at the Banker's Club and Carino's Restaurant. Her loss
in wages totals approximately $100.00.
Plaintiff, Norma Maclean's motor vehicle was damaged in the left
rear and repair estimates indicate a $435.00 loss.
All of the medical expenses and other damages have been verified
as to correctness. Prior to litigation which began in 1980,
Plaintiff's demand was $8p500.00. After two years of litigation,
accumulating costs and further treatment, Plaintiff increased her
demand to $12,500.00. This was later reduced to $10,000.00 as
trial approached. After extensive discussions and negotiations
the matter can now be settled for $8,000.00.
This 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, and the City Attorney's Office recommends
that the City of Miami pay $8,000.00 in full and complete
settlement of this claim.
Ille
JR/wP c/l
Enclosures
(Resolution)
83--39