HomeMy WebLinkAboutR-82-1130RESOLUTION NO. 82-1130
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MARILYN LIFSET THE SUM
OF SIXTEEN THOUSAND DOLLARS ($16,000.00),
WITHOUT THE ADMISSION OF LIABILITY, IN
FULL AND COMPLETE SETTLEMENT OF ALL BODILY
INJURY, PERSONAL INJURY PROTECTION LIENS,
WORKERS COMPENSATION LIENS, CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND
UPON EXECUTION OF A RELEASE RELEASING
THE CITY FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Marilyn Lifset, through George Bender, Esq., of
High, Stack, Lazenby, Bender, Palahach & Lacasa, Attorneys
at Law, her attorney, filed a claim against the CITY OF MIAMI
for alleged bodily injury, personal injury protection liens,
workers compensation liens and medical liens resulting from
an accident involving a slip and fall on November 20, 1980
at the Miami Orange Bowl Stadium located at 1400 Northwest
4th Street, Miami, Dade County, Florida; and
WHEREAS, the above claim has been investigated by the
Torts Division of the City Attorney's Office and in accordance
with Ordinance 8417, which creates the City of Miami's Self -
Insurance Program, the said office recommends that this claim
be settled without the admission of liability, for the sum of
Sixteen Thousand Dollars ($16,000.00);
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 Marilyn Lifset the sum of Sixteen Thousand Dollars
($16,000.00) without the admission of liability, in full and
complete settlement of all bodily injury, personal injury pro-
tection liens, workers compensation liens, claims and demands
against the City of Miami, upon execution of a release releasing
the City of Miami from bodily injury, personal injury protection
liens, workers compensation liens and liens and demands against
the City of Miami.
CITY COMMISSION
MEETING OF
DEC 91982
lk
if
PASSED AND ADOPTED this 9 day of December, 1982.
MAURICE A. FERRE
MAURICE A. FERRE --
MAYOR
ATTEST: =
H I
ITY LERK
PREPARED AND APPROVED BY:
L4
LIA J. 90BERTS
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
t ' A �
SE R. GARCIA-PEDROSA
)4TY
ATTORNEY
-2-
1�
33
CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
TC FILE
Honorable Mayor Maurice A. November 22, 1982 L-81-119
Ferre and Members of the & VC-81-068
City Commission �E Marilyn Lifset v. The City
of Miami, Miami Dolphins, Ltd.,
et al.
FROM REFERENCES Circuit Court Case #81-16006 (27
Jose R. Garcia -Pe ro D/I: November 20, 1980
ENCLOSURES
City Attorney L/I: The Miami Orange Bowl
Stadium
Plaintiff, Marilyn Lifset, filed a claim against the City of
Miami and Co -Defendants, Miami Dolphins, Ltd., Joseph Robbie,
the South Florida Sports Corporation, Miami Sports Corporation,
and Nationwide General Insurance Company, through their attorney,
George Bender, Esq., of High, Stack, Lazenby, Bender, Palahach -
& Lacasa, for personal injuries received by Marilyn Lifset
in a slip and fall accident.
The accident occurred on November 20, 1980 following a Miami —
Dolphins, Ltd. football game at the Miami Orange Bowl. The
Miami Orange Bowl Stadium is owned by the City of Miami and
the City of Miami is responsible for any injuries due to
structural deficiencies or negligent maintenance.
The Plaintiff, Marilyn Lifset, was injured when she slipped
on the vomitory ramp while exiting from Section W of the
stands to the 9' concourse level, from which level she
intended to exit the Orange Bowl through Gate 12B.
As a direct result of her fall, Marilyn Lifset, suffered a
colles fracture to her right wrist, one or two broken ribs
and may have suffered a fracture of the sixth thoracic ver-
tebrae.
The wrist fracture was initially treated at the South Miami
Hospital's Emergency Room on the day of the incident. Dr.
Rush Acton, the treating physician, determined that the
fracture was not healing properly and had Mrs. Lifset admitted
to South Miami Hospital on December 1, 1980 for a manipulation
and reduction of the fracture. She was hospitalized until
December 3, 1980 and then discharged for close office followup.
Dr. Acton noted that Marilyn Lifset also complained of
problems with her back and ribs, as well as from the wrist
fracture. Her condition did improve and she was discharged
from treatment in May of 1981. She was seen again in January
of 1982 for a recheck. At that time, Dr. Acton noted that
Mrs. Lifset complained of intermittent dull aches in her
82-113:,_
M
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Honorable Mayor Maure A. Ferre
and Members of the City Commission
-2- November 23, 1982
back and wrist. X-rays revealed healed fractures in both
the wrist and the sixth thoracic vertebrae. The doctor
formally discharged her in January of 1982 with no permanent
disability on an orthopedic basis but the doctor did indicate
he thought it was reasonable that Mrs. Lifset would continue
to have aches and pains from time to time in the sides of
the fractures.
Mrs. Lifset's total medical bills from Dr. Rush Acton, South
Miami Hospital, and Randle Eastern Ambulance totaled approxi-
mately $2,436.90.
Mrs. Lifset is claiming loss wages and loss of earning capacity.
From 1975 she worked at the Doc Watson Club in Northwest Miami
as manager. She earned approximately $250.00 per week at the
Club. She was not working at the time of this incident, having
taken a leave of absence since March of 1980 but had arranged
to return to work before the accident occurred. She was unable
to go back to work from the date of this accident through May 1,
1981 and claims to have lost five months of work due to this
accident. This works out to approximately $5,000.00 in lost
wages.
At the time of this incident, Marilyn Lifset, was approximately
57 years old having been born on December 31, 1923.
Plaintiff bases her liability claim against the City on structural
deficiencies. She alleges that the ramp in question is too steep,
that its surface is not sufficiently non-skid, that the handrails
are acceptable but that the ramp is steeper than allowed by any
applicable building code.
At the time of this incident, there existed a contract
between the Miami Dolphins, Ltd. and the City of Miami for
the use of the Orange Bowl which was entered into on June 8,
1977. Paragraph 20 of that contract indicates that the
Miami Dolphins, Ltd. shall not be responsible for any claims
arising out of any structural deficiencies of or improper
maintenance of the Miami Orange Bowl. Paragraph 21 of that
contract requires that the Miami Dolphins, Ltd., obtain
public liability insurance protecting the parties to the
contract from any loss or damage because of any liability
that may be incurred by the parties in the performance of
the contract, or under the terms of the contract, when such
82-1130
r�
Honorable Mayor Maurice A. Ferre
and Members of the City Commission
-3- November 23, 1982
liability arises on account of injury to any person or
persons. The City of Miami was to be a named insured under
this insurance policy. As of March 2, 1980, over eight (8)
months prior to this incident, a change endorsement was
issued by the Miami Dolphins, Ltd.'s insurance company,
Nationwide Mutual Fire Insurance Company, excluding coverage
for "any claims arising out of any structural deficiencies
of or improper maintenance of the Orange Bowl." This ex-
clusion specifically stated that it tracked Paragraph 20 of
the contractual agreement between the City and the Miami
Dolphins, Ltd. dated June 8, 1977. Consequently, the City
of Miami has no insurance coverage to cover the claims made
by Marilyn Lifset against it. It is the position of this
Department that the City of Miami should settle the claim of
Marilyn Lifset in order to mitigate its damages and pursue
either a breach of contract cross -claim against the Miami
Dolphins, Ltd. and Joseph Robbie, its agent, in this suit or
bring an independent breach of contract action against the
Miami Dolphins, Ltd., and Joseph Robbie, its agent, for fail-
ure to provide sufficient insurance under contract Paragraph
21.
As to the claim of Marilyn Lifset, all of the medical ex-
penses and other damages have been verified as to correct-
ness. Plaintiff's original demand in her claim against
the City of Miami was for the $50,000.00 limit established
under Section 768.28, Florida Statutes (1979). After ex-
tensive discussions and negotiations, this matter can now
be settled for $16,000.00.
This claim has been investigated by the City Attorney's Office
in accordance with Ordinance 8417, which creates the City of
Miami's Self -Insurance Program, and the City Attorney's Office
recommends that the City of Miami pay $16,000.00 in settlement
of this claim.
JGP/JJR/wpc/1
Attachments (Resolution)
82-1130