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HomeMy WebLinkAboutR-82-06567e.11. r r. RESOLUTION NO.��- A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ELSA ROSELL, A MINOR, BY AND THROUGH HER PARENTS, JORGE ROSELL AND ELSA ROSELL, THE SUM OF TEN THOUSAND DOLLARS ($10,000.00) WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY, PRO- TECTION LIENS, WORKER'S COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND JESSE BROWN HUMPHREY AND UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI AND JESSE BROWN HUMPHREY FROM ALL CLAIMS AND DEMANDS. WHEREAS, Elsa Rosell, a minor, by and through her parents, Jorge Rosell and Elsa Rosell, through Bernard Butts, Esq., their attorney, filed a claim against the City of Hiami for alleged bodily injury, personal injury, protection liens, and Worker's Compensation liens, resulting from an accident in- volving a City owned vehicle on June 20, 1977, on Southwest 17th Avenue at or near its intersection with Southwest 4th Street, Miami, Dade County, Florida; and WHEREAS, the above claims have been investigated by the Torts Division of the City Attorney Office and in accordance with Ordinance 8417, which creates the City of Miami's Self - Insurance Program, the said office recommends that these claims be settled without the admission of liability, for the sum of $10,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Director of Finance is hereby author- ized to pay to Elsa Rosell, a minor, by and through her parents, Jorge Rosell and Elsa Rosell, the sum of Ten Thousand Dollars ($10,000.00), without the admission of liability, in full and complete settlement of all bodily injury, personal injury, pro- tection liens, Worker's Compensation liens, claims and demands against the City of Miami and Jesse Brown Humphrey, upon ex- ecution of a release releasing the City of Miami and jut$ CITY COMMISSION MEETING OF J U L 3 31982 mmoun w 1027gG. r Brown Humphrey from bodily injury, personal injury, protection liens, Worker's compensation liens and claims and demands. PASSED AND ADOPTED THIS 22ND day of JULY , 1982. MAURICE A. FERRE MAURICE A. FERRE MAYOR ATTEST, MATTY HIRAI ACTING CITY CLERK PREPARED AND APPROVED BY: L4 LIA J.-ROBERTS ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GE E F . KNOX , JR . CI Y ATTORNEY_-- — 2 82-85G. . r G i I 70 Tr C Es Honorable Members of July 7, 1982 the City Commission Ge g F. Knox, Jr. City torney Settlement of Elsa Rosell, a Minor, by and through her parents Jorge Rosell and Elsa Rosell v. City of Miami & Jesse Brown -Humphrey, Circuit Case #80-1877(6; D/A: June 20, 1977 ].7tF Avenue near its _ intersection with S.W. 4th Street Plaintiff, Elsa Rosell, a minor, by and through her parents, Jorge Rosell and Elsa Rosell, filed a claim against the City of Miami and its employee, Jesse Brown Humphrey, through their Attorney, Bernard Butts, Esq., for personal injuries re- ceived by Elsa Rosell in an automobile accident. Parents, Jorge and Elsa Rosell, have a derivative claim for minor Elsa Rosell's medical expenses. The accident occurred on June 20, 1977 at 8 A.M. on South- west 17th Avenue near its intersection with S.W. 4th Street. City employee, Jesse Brown Humphrey, was operating a City of Miami street cleaning vehicle in the course and scope of his employment. Elsa Rosell, a minor, was a passenger in her father's car. As a passenger under Florida law and under the facts of this case, no comparative negligence attaches to Elsa Rosell, Plaintiff. The City vehicle was sweeping the far right lane on S.W. 17th Avenue at approximately 8 MPH when it approached a parked car and turned out into the next lane. In that lane, Jorge Rosell was approximately four (4) car lengths away and traveling at 35 NPH. It had been raining and the roads were wet. Jorge Rosell was unable to pull around the slow moving sweep because of oncoming traffic. The two vehicles collided. Negligence and liability can be equally divided between the two drivers. At the time suit ways originally brought, Florida law prohibited a child from suing her father in this situation. But the City could and did sue Jorge Rosell for contribution toward Elsa Rosell's injuries. Originally the City would have had to pay any jury award to Elsa Rosell in total and then collect the amount owed which could be attributed to Jorge Rosell 82-65G. . Honorable Members of the -2- City Commission from him directly. Recent changes in the law indicate that minor Elsa Rosell can now go directly against her father under the facts of our case. Consequently, Plaintiff has agreed to settle with the City of Miami for an amount the City Attorney's Office believes is substantially below the total value of the claim. Plaintiff Elsa Rosell will pur- sue her father for the balance. Elsa Rosell was 10 years old at the time of this accident. On impact, she was thrown around in her father's car, cut- ting her lip and fracturing her front center right tooth. She also sustained a blow or trauma to her right shoulder and arm and developed neck and back problems. She was initially treated at the Mercy Hospital Emergency Room for her lip and tooth injury. Subsequently, Elsa Rosell's treating physician, General Practitioner Olga deLens, hos- pitalized her for intensive therapy at Miami International Hospital for one week. In the hospital she was x-rayed extensively and seen in consultation by Orthopedist, Dr. Sanchez-Medina,and a Neurologist, Dr. Anthony Prats, both of whom recommended conservative treatment. Elsa Rosell re- ceived this treatment in the hospital and in office visits to Dr. deLens for several months after the accident. In January of 1980, she was seen in consultation by Ortho- pedist, Dr. Stephen Ticktin, who, based upon her complaints and his clinical findings, diagnosed a chronic traumatic sprain of the cervical dorsal spine and a post traumatic cerebral syndrome. He assigned her a 10% permanent partial disability to the body as a whole for her orthopedic in- jury. Our independent medical examiner, Orthopedic Surgeon Dr. Elwin Neal, found clinical signs of permanent injuries when he examined her on February 2, 1982. He felt that she would be left with minimal residual complaints orthopedic- ally. Elsa Rosell's total medical expenses for these injuries were $1,430.55. Elsa Rosell also suffered a fracture of her upper right center tooth which resulted in the loss of a corner fragment of the tooth. Pediatric Dentist Peter Sobel, repaired the tooth initially by using a new binding technique to apply a small cap. His charge was $80.00 but he stated that this was only a temporary solution. A cap of this nature will last for 82-65C.- - dWN 01' Honorable Members of the -3- City Commission approximately five (5) to seven (7) years before it becomes discolored and has to be replaced. Also, since Elsa Rosell is a minor, any cap would have to be replaced periodically until she gained full growth. The doctor anticipated that Elsa Rosell would need this kind of cap replaced at least six, maybe seven times and that probably a more permanent cap would be necessary. This would involve the capping of the two adjacent teeth and probably a route canal. ► Dr. Sobel estimated that this work, on a conservative basis, would cost approximately $5,000.00. All the medical expenses and other damages have been veri- fied as to correctness. The original demand that Plaintiff presented was for the $50,000.00 limit established under Section 768.28, Florida Statutes, (1975). This was further reduced to $40,000.00. After extensive discussion and negotiation, this matter can be settled on behalf of the City and City employee for $10,000.00 and the Plaintiff will legally pursue her father for the balance. 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 recommends that the City of Miami pay $10,000.00 in settle- ment of this claim. GFK/JJR/wp c� � Resolution 8i2-65G .