HomeMy WebLinkAboutR-82-0941PIESOLUTION NO.
A RESOLUTION .•'+UTHORI7,ING 'HE DIRECTOR OF
FINANCE TO PAY TO CHARLES `PUFF I,:U) ,l:
`PUFF, WITHOUT THE ADh1ISSION OF LIABILITY,
THE SUrl OF 43),O0().u() IN FULL AND COI-IPLI:TL'
SETTLEMENT OF ANY AND ALL CLAIMS AND DI;r"1ANDS
AGAINST THE CITY OF r•lAIMI, AND UPON EXPCU-
TION uF RELFASI_ , RELEASING THE CITY FROM
ALL CLAIMS AND DL:r•IANDS, AND TU PAY BANKERS
INSURANCE COMPANY, WITHOUT 'PHE ADr•1ISSION OF
LIABILITY, ;;5,059 IN FULL AND COMPLETE
SETTLEMENT OF IT'S COLLISION SUBROGATION
CLAIMS AND DE:,%LANDS Rl;AINST THE CITY OP 141A1•11
UPON `PHE I'N'ECUTION OF A kELEASE, kELEASING
1'IlE CITY OF h1I t•lI FROM ALL CLAIMS AND DEI-1ANDS.
WHEREAS, Charles `I'utf and Luci.11(• Tuff, through their Attorney, F. Dennis
L'rud, fi_lc•.1 a c:Iaiin against the City of Miami for alleged bodily i.rijury re-
:;ulting fr-om an accident on July 10, 1981, at or near N. W. 5th Avenue rand N. W.
9th Strcr�_t, '-Iitlmi, Florida; and
WHEREAS, the above claim has been i_nve st igated by thy: Torts Divis i )ri . f t: u
City Attorney's of rice, ill accurdancc with Ordiraarice No, 8417, which creatr�s the
City of :•liami's Self Insurance Program, and said Office rucummertd:- that the:;c
c hlim:; br, :;,�t.t I((" f,)r- th( :,um of i3,i)1;(I,i�(� (Forty-tlrritc I'hUu".;ind Dollar"; arn}
NOW, TIIi:RIiF tJRL, 1:11: IT RESOLVED B-1 'fill: C01'•l,'41SSION OF Till: CITY OF MIAMI,
i'LOkID��:
SeCtlon I. Th'it. the Dill ctur Ui I'1nanCC i:: hcr(,1,y authC)rizetl to I av to
C'harlcs Tuff all(, I,ucill(-� ';'off v,,i thout the of liability, the slim ,.,f
(F��rt; -t hr(r ;)"11.ir:; in full and C,:)ml,lete sC.tticment
Of any anoi Al I_,odil", injury claims and demand:; rrgainst the City of Miami, upun
the executiorn ()f a Re,leasc, rel(•a:�i.ng the City of '.Ii imi from all bodily injury,
clr_rims ,,r,d dcman,3s,
Section That the })irccLur of Finance i:: hereby authorized to pay to
Bankers Insurance ComPany without the'idmission of liability, the sum of $5059,00
in full and cum)-,I(te 5ettlemcrtt of collision subrogation claims and demands
against the City of Miami, upon the execution of 3 Release, releasing the City
of Lliami. from all collision subrogation claims and demands,
I'ASSED AND ADOPTED this 14th day of Oeroher , 1982.
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Cirdc�Il;
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PREPhkED
AND 1I'I4:oVU)
BY:
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CLAkl'
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1�I;}11�1"i C1`I'Y 1,'I'1'UI:hL:'�'
APPROVED IS,r Q. L'OM-1 AND CORREC
TNESS
:
JUG k. GAkCI.�-}'I�:DkOSA
C'��Y 1,'PTUI:IJLY
Maurice A. Ferre
14AURICE A. FERRE
MAYOR
CITY COMMISSION
MEETING OF
OCTJ 1 1�22 q
NESUUnON
REilAR S: , .......................
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1O Honorable Mayor
Members of the
City Commission
FROM Jose R. Garcia —Pedrosa
City Attorney
CITY OF MIAMI. FLORIDA
INTFR-OFFICE MEMORANDUM
DATE September 28, 1982 FILEV81-104
S II P.)ECT Charles Tuff vs. City of Miami
Property Maintenance Division &
Edmond Nicholas De La Reta
D/A: July 16, 1981
ran ,nrtjrE�
L/A: NW 5 Ave. & NW 29 Street
ENCLOSURFS
Plantiffs, Lucille and Charles Tuff, filed a claim against the
City of Miami through their attorney E. Dennis Brod, resulting
from personal injuries received by Charles Tuff in an automobile
accident. A derivative claim has not been presented on behalf of
Lucille Tuff, the claimant's wife.
The accident occurred on July 16, 1981, on Northwest 29th Street
and Northwest 5th Avenue in the middle of the intersection. The
ownership and operation of the City of Miami vehicle was involved
and responsibility rests with the City of Miami.
The Plaintiff, Charles Tuff, was injured when his vehicle was
struck broadside at the driver's door, while going straight with a
green traffic light.
The medical problems encountered by Mr. Tuff were extensive. The
primary difficulty resulted from a previous kidney ailment which
forced Mr. Tuff to retire on permanent and total disability from
the City of Miami on April 9, 1977.
As a direct result of this accident, Mr. Tuff's kidney condition
was exacerbated to the extent that he was placed on a kidney
dialysis machine for a one month period of time while in the hos—
pital.
A final diagnosis by Dr. Edward Neff, Doctor of Cardiovascular
Diseases, indicated on September 22, 1981 that Mr. Tuff may de—
velop chronic constrictive pericardial disease as a result of the
accident of July 16, 1982.
In addition to Dr. Edward Neff, Mr. Tuff had also been seen by
the following hospital and physicians: Cedars of Lebanon Hospi—
tal, Dr. Robinson, Dr. Ehrenkranz, University of Miami Diagnos—
tic Clinic, Dr. Zagorski and Anesthesiology Associates.
The total medical bills incurred and related to this accident are
$16,546.38. Note that $5,500.00 of the hospital bill was for the
hospital room and $4,000.00 was for kidney dialysis.
w�
j
Honorable Mayor
—2— September 289 1982
All the medical expenses have been verified as to correctness.
The original demand that the plaintiff presented was for a
$50,000.00 limit established under Section 768.28 Florida Statutes-
(1979). This was later reduced to $45,000.00. After extensive
discussions and negotiations, the matter can now be settled for
$43,000.00.
This claim has been investigated by the City Attorney's Office and
in accordance with Ordinance 8417, which creates the City of Miami
Self Insurance Program, the said office recommended that the City
of Miami pay $43,000.00 in settlement of this claim.
In addition, Bankers Insurance Company has a subrogation claim in
the amount of $5,059.00 as the claimants' 1978 Buick was a total
loss.
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