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HomeMy WebLinkAboutR-82-0655� It RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CARIDAD VIERA AND FRED VIERA, HER HUSBAND, THE SUM OF THIRTY THOUSAND DOLLARS ($30,000.00), WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY, PROTECTION LIENS, WORKER'S COMPENSA- TION LIENS, CLAIMS AND DEtANDS AGAINST THE CITY OF MIAMI AND UPON EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL CLAIMS AND DEi1ANDS. WHEREAS, Caridad Viera and Fred Viera, through Jeffrey Allen Tew, Esq., of Tew, Spittler, Berger & Bluestein, their attorneys, filed a claim against the City of Miami for alleged bodily injury, personal injury, protection liens, and worker's compensation liens, resulting from an accident involving a City owned vehicle on November 5, 1980, at the intersection of Southwest 1st Street and Southwest 15th Avenue, 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 Ordinance No. 8417, which creates the City of Miami Self -Insurance Program, the said office recommends that these claims be settled, without the admission of liability, for the sum of Thirty Thousand Dollars ($30,000.00). 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 Caridad Viera and Fred Viera, her husband, the sum of Thirty Thousand Dollars ($30,000.00), 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, upon execution of a Release releasing the City of Miami from bodily injury, personal CITY COMMISSION MEETING OF JUL ; 1 1.982 11600" ft... 82-65 r injury, protection liens, worker's compensation liens and claims and demands. PASSED AND ADOPTED this 22ND day of JULY , 1982. ATTES : MA.T='Y HIRA_I ACTING CITY CLERK PREPARED AND APPROVED BY: �T is J. R6berts Assistant City Attorney APPROVED Ac ' 4 L'^D"" AND CORRECTNESS: Geor, F. Knox,'Jr. City torneyc._ -2- MAURICE A. FERRE MAURICE A. FERRE MAYOR 82-6i55_ . 69 To Honorable Members of July 7, 1982 j 'y C on Settlement of Caridad Viera and - Fred Viera, her husband, v. The City of Miami F. Knox, Jr. ::_Circuit Court Case #80-10415(20) torney D/A: November 5, 1980 The intersection of S.W. 1st Street & S.W. 15th Avenue Plaintiffs, Caridad Viera & Fred Viera (her husband) filed a claim against the City of Miami through their attorney Jeffrey Allen Tew, of Tew, Spittler, Berger & Bluestein, as a consequence of personal injuries received by Caridad Viera in an automobile accident. An additional derivative claim was brought on behalf of Fred Viera. The accident occurred on November 5, 1980 at the inter- section of S.W. 1st Street & S.W. 15th Avenue at approx- imately 7:15 P.M. The ownership and operation of a City of Miami Police vehicle was involved and responsibility rests with the City of Miami. Caridad Viera was driving her vehicle east on S. W. 1st Street when she was hit on the driver's side by the City of Miami police vehicle and spun approximately three times. The City of Miami police vehicle was proceeding, in response to a call, but without emergency lights or siren, south, the wrong way down S. W. 15th Avenue which is one-way northbound. The City police vehicle failed to yield the right-of-way to Mrs. Viera who was on a through street. Liability rests totally on the City of Miami vehicle. Caridad Viera was 23 years old at the time of this accident. She had been married about seven (7) years and had three (3) children, ages 3, 4, and 5. She was employed at Astrup Com- pany doing office work for two (2) months prior to this accident and was making approximately $150.00 per week. From the scene of the accident, she was taken to the Mercy Hospital Emergency #oom where she was x-rayed and kept over- night due to head injuries suffered. Unable to return to work and still suffering two weeks later, Caridad Viera sought treatment from conservative Orthopedic Surgeon, Dr. Kenneth R. Hodar. Dr. Hodar diagnosed neck and back injuries and treated her through August of 1981. Due 82_6SJ. . The Honorable Members of the City Commission -2- to her persistent back complaints with complaints of pain radiating into her right buttocks and positive straight leg raising tests (tests for sciatic nerve root injury), Dr. Hodar performed a CAT scan on her lower back. He discovered a mild bulge of the disc in the low back but no conclusive signs of a herniated disc. Dr. Hodar referred Caridad Viera to Neuro-surgeon Jaime G. Wancier on May 21, 1981. Dr. Wancier also failed to find any definitive neurological clinical signs of injury. Dr. Wancier recommended further conservative orthopedic treatment but no surgical neurolo- gical testing. Dr. Hodar continued to treat Caridad Viera until August 24, 1981 when he discharged her with the final diagnosis of chronic lumbar radiculitis and assigned her a residual permanent dis- ability of 5% to the body as a whole. The City of Miami had Caridad Viera examined by Neurosurgeon Irwin Perlmutter on December 8, 1981 and Orthopedic Surgeon Ledford Gregory on December 15, 1981. Dr. Perlmutter again ruled out any clinical signs of neurological injury. Dr. Gregory found no residual permanent muscular skeletal impair- ment but attributed at least some of Caridad Viera's problems to a non -organic source. He recommended further exercise to improve her condition. Due to persistent headaches and feelings of depression, Caridad Viera had begun treatment with Dr. Michael Gilbert in December of 1980 after the accident. Dr. Gilbert is both a Neurologist and Psychiatrist. Dr. Gilbert diagnosed a post concussion syndrome and a depressive neurosis from the accident. He treated the post concussion syndrome with carbon dioxide treatments. He saw Caridad Viera twice a month in thirty minute therapy sessions for the depressive neurosis. In November of 1981, Dr. Gilbert assigned Caridad Viera a 15% permanent partial disability due to her psychiatric condition. She has continued to treat with him, although she has stated, as has hbr husband, that there has been no change in her psychiatric condition from the time of the accident. The City of Miami had Caridad Viera examined by Psychiatrist, Dr. Charles Mutter. Dr. Mutter disagreed with Dr. Gilbert's The Honorable Members of -3- the City Commission course of treatment for Mrs. Viera but did reach the same diagnosis of a nervous, traumatic depressive condition. Dr. Mutter recommended further psychiatric treatment. At a minimum, he felt that she would need at least one year of therapy with sessions two times a week for two to four weeks and then once a week thereafter. Dr. Mutter indicated that therapeutic hypnosis could also be utilized to shorten treat - went time. At the cost of $60.00 per hour, Dr. Mutter esti- mates that this treatment would cost a minimum of $2,400.00. Therapeutic hypnosis would increase the cost. Dr. Mutter felt that there was a good possibility that Caridad Viera would not be left with a permanent psychiatric injury if she received proper treatment. Caridad Viera's medical bills rendered by her treating doctors totalled approximately $4,530.00 as of January of 1982. As mentioned earlier, she has continued to see Dr. Gilbert. Caridad Viera did not return to work after the accident. For the first six months or so, Dr. Hodar advised against this. She has failed to return to work due to her psychiatric problems. The economic value of her services was analyzed by H. T. Shulenberger, Esq., who has also qualified as an ex- pert economist -statistician in Florida and Florida Courts. Mr. Shulenberger based his predictions upon Caridad Viera's projected life expectancy and expected additional years of work together with an earning capacity starting at $7,500.00 per year ($150.00 times 50 weeks) which she could have rea- sonably expected to earn at the time of the accident, adjust- ed for inflation and numerous other economic indicators. He predicted that Caridad Viera's economic services in a job situation would be worth $376,171.00 reduced to present day value. Her economic services as a housewife and mother as opposed to an employment situation would be worth $387,193.00 reduced to present day value. To actually predict her loss, a percentage of permanent partial disability would have to be determined and applied to these figures. This economist - statistician also indicated he could project her loss in a combination situation of employment and household duties. Based upon these figures, Plaintiffs' attorney indicated that $52,500.00 of their demand was for lost past and future services in wages. 82-655. . The Honorable Members of -4- the City Commission All medical expenses, as well as employment history at the time of this accident have been verified as to correctness. Plaintiff's original total demand was for $100,000.00, $50,000.00 for Caridad Viera and $50,000.00 for Fred Viera, _ ' the limits available under Section 768.28, Florida Statutes (1979). This was later reduced to $45,000.00. After ex- tensive discussions and negotiations, the matter can now be settled for $30,000.00. This claim has been investigated by the City Attorney's office in accordance with Ordinance No. 8417, which creates the City of Miami's Self Insurance Program and the said office recommends that the City of Miami pay $30,000.00 in settlement of this claim. IFK /JJR�pC/� t biZ'�6JJ_ .