HomeMy WebLinkAboutR-82-1129J-82-99
RESOLUTION NO. 82-112.9
A RESOLUTION AUTHORIZING THE DIREC:TOR OF
FINANC17 TO PAY TO JORGE GONZALEZ AND SARA
GONZALEZ, HIS WIFE, WLTHOUT THE. ADMISSION
OF LIABILITY, THE SUM OF $10,000 IN FULL
AND COMPLETE SETTLEMENT OF ALI, BODILY INJURY
CLAIMS AND DEMANDS AGAINST THI: CITY OF MIAMI,
AND UPON EXECUTION OF A RELEASE, RELEASING
THE. CITY OF MIAMI FROM ALI, CLAIMS AND DEMANDS.
WHEREAS, Jorge Gonzalez and Sara Gonzalez, his wife,
through their attorney, Joel Brown, filed a claim against
the City of Miami for the alleged bodily injury claim, result-
ing from an auto accident on or about March 1, 1982, at or
near Southwest 4th Street and Southwest 9th Avenue; and
1�HI:REAS, the above claim has been investigated by the
Torts Division of the City Attorney's office, in accordance
with Ordinance No. 8417, which created the City of Miami's
Self -Insurance Program, and said office recommends that these
claims be settled for the sum of $10,000;
Nt)id, THEREFORE, B17 IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLOI:IDA:
Section 1. The Director of Finance is herebv author-
ized to pav to Jorge Gonzalez and Sara Gonzalez, his wife,
without the admission of liability, the sum of $10,000 in
full and complete settlement of all bodily injury claims
and demands against the City of Miami, upon the execution
of a release, releasing the City of Miami from all bodily
injury claims and demands.
PASSED AND ADOPTED this-9—day of DECEMBER , 1982.
ATTEST:
�jt 11fYH�={ 'GIE, CITY CLE yt�
MAURICE A. FERRE
11 A Y 0 R
CITY COMMISSION
MEETING OF
DEC 9 1982
it�oturan 92-1 -29
ir
0
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
2 49(eoAl /4404� —
/ITYOZ. GARCIA-PEDROSA
4SE
ATTORNEY
•
40
32
CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM Jose R. Garcia -Pedrosa
City Attorney A_ e
VA-E November 18, 1982 FILE V82-041
J-82-99
S.,EJE"T Jorge and Sara Gonzalez v. City
of Miami and Chester Supinski
D/A: 3-1-82
L/A: SW 4 Street & SW 9 Avenue
REFERENCES
ENCLOSURES
Plaintiffs, Jorge and Sara Gonzalez, his wife, filed a claim
against the City of Miami through their attorney, Joel
Brown, resulting in personal injuries received by Jorge
Gonzalez in an automobile accident. There is no derivative
claim filed on behalf of the wife, Sara Gonzalez.
The accident occurred on or about March 1, 1982, at or near
Southwest Fourth Street and Ninth Avenue.
The plaintiff, Jorge Gonzalez, was injured while driving his
motor vehicle West on Southwest Fourth Street in the vicinity
of 9th Avenue when it was struck in the right rear side by a
City vehicle traveling Southwest on Southwest 9th Avenue
which ran through a stop sign. Plaintiff's vehicle was
forced into a parked unoccupied vehicle on the Southwest
corner of the intersection.
Mr. Gonzalez was transported to Cedars of Lebanon Hospital
by Randle Eastern Ambulance.
• The injuries received by Mr. Gonzalez were confirmed by a
tomography which showed evidence of posterior interspinous
distance at the C3-C4 levels. These findings do relate to a
positive ligament complex injury including a two millimeter
displacement at C4.
As a result of the accident, Dr. Pedro Hernandez, Orthopedic
Physician, assigned a 5% to 6% permanent partial disability
to Mr. Gonzalez' body as a whole, resulting from his ortho-
pedic injuries.
In addition to Dr. Hernandez, Mr. Gonzalez was seen and
treated by the following physicians: Dr. Cesar Guevero and
Dr. Luis Suarez. His total medical bills incurred were
$3,840.60 including a hospital stay at Mercy Hospital from
3/l/82 through 3/6/82. The medical bills which can be
isolated as a definite result of this accident are $3,840.66
Mr. Gonzalez did not have any medical insurance coverage at
the time of the accident.
82-1129
40.
Honorable Mayor and Members
of the City Commission
Page 2
November 18, 1982
File V82-041
All of the medical expenses and other damages have been veri-
fied as to correctness. The original demand by the attorney
was for $15,000. After extensive discussions and negotiations,
this matter can now be settled for $10,000.
This claim has been investigated by the City Attorney's office
and, in accordance with Ordinance No. 8417 which created the
City of Miami's Self -Insurance Program, said office recommen-
ded that the City pay $10,000 in settlement of this claim.
JGP/rr
cc: City Manager
City Clerk
82-1129