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HomeMy WebLinkAboutR-82-0541� JL RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ANDRES FIALLO, A MINOR, BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN, MARTHA FIALLO, AND MARTHA FIALLO, INDIVIDUALLY, THE SUM OF EIGHTEEN THOUSAND DOLLARS ($18,000.00) PLUS UP TO THREE HUNDRED DOLLARS ($300.00) IN TAXABLE COSTS, WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY, PROTECTION LIENS, WORKMEN'S COMPEN- SATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND UPON EXECUTION OF THE RELEASE RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. WHEREAS, Andres Fiallo, a minor, by and through his mother and natural guardian, Martha Fiallo, and Martha Fiallo individually, through P. J. Carroll, Esq., of Carroll, Halberg & Meyerson, P.A., their attorneys, filed a claim against the City of Miami for alleged bodily injury, personal injury, protection liens, Workmen's Compensation liens, resulting from an accident involving a City owned vehicle on April 16, 1978 on Northwest 1st Street in front of the address of 737 Northwest 1st Street, 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 Eighteen Thousand Dollars ($18,000.00) and up to Three Hundred Fifty Dollars ($350.00) in costs; 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 Andres Fiallo, by and through his mother and natural guardian, Martha Fiallo, the sum of Eighteen Thousand Dollars CITY COMMISS1011 MEETING ON JUN 17 19M 94Mx �2-541 --•am I%k ($18,000.00) and up to Three Hundred Fifty Dollars ($350.00) in costs, without the admission of liability, in full and complete settlement of all bodily injury, personal injury, protection liens, Workmen's Compensation liens, claims and demands against the City of Miami, upon execution of the re- lease releasing the City of Miami from bodily injury, per- sonal injury, protection liens, Workmen's Compensation liens and claims and demands. PASSED AND ADOPTED this 17th day of June, 1982. EST:/ ZRAL G. ONGIE ITY CLERK PREPARED AND APPROVED BY: 1 a J. o erts Assistant City Attorney Maurice A. Ferre Maurice A. Ferre Mayor APPROVED AS TO�`®R T D CORRECTNESS: G&orA F. nox, Jr. CityJAttorney 82--541-.L. -2- r W CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Members of the City Commission FROM DATE June 1, 1982 FILE SUBJECT Settlement of Andres Fiallo, etc., et al. v. The City of Miami, Circuit Court Case No. 81-2492(12) REFERENCES Ge r F. Knox; Jr: D/A: April 16, 1978 City ttorney ENCLOSURES P/A: N.W. 1st Street in Front of 737 N.W. lst-19-trePt�y___-Miami Plaintiffs, Andres Fiallo, a minor, by and through his mother and natural guardian, Martha Fiallo, and Martha Fiallo, individually, filed a claim against the City of Miami through their attorney P. J. Carroll, Esq. of Carroll, Halberg & Meyerson, P.A., for injuries sustained by Andres Fiallo as the result of a pedestrian/motor vehicle accident. The claim of Martha Fiallo is a derivative action brought to recover Andres Fiallo's medical expenses. The accident occurred on April 16, 1978 at approximately 6 P.M. in front of 737 Northwest 1st Street. Minor Plain- tiff, Andres Fiallo, age 4 years, ran out into the street in front of the City of Miami police patrol vehicle driven by Officer Bette Majewski. Eyewitnesses to the accident all agreed the Plaintiff ran in front of the police officer's vehicle. None of the eye- witnesses could state whether or not the police officer was watching both sides of the street. Minor Plaintiff's brother, age 7 at the time of the accident, and another eyewitness in the street, stated that minor Plaintiff was chasing his brother who had ran across the street immediately prior to the accident. Officer Bette Majewski had a misdemeanor vandalism suspect in the back of her vehicle. According to that suspect, they were cruising the street looking to the officer's right for a companion suspect. The minor Plaintiff came from the officer's left. Officer Bette Majewski is unavailable to testify at trial as she suffers from a total temporary disability based on psychological problems relating to her job. Her psychiatrist has indicated that further involvement at this time would have a detrimental effect on her mental condition. 82-w541`L. 1y Honorable Members of the City Commission -2- June 1 , 1982 The City of Miami has a counterclaim against the mother Martha Fiallo for contributions due to her failure to supervise the minor Plaintiff. Although the City Attorney's office believes that this is a good claim, Martha Fiallo is currently unemployed, without insurance, and judgment proof. Therefore, the City would not be able to actually recover from her. In the meantime, it is felt that the City's employee will be found at least minimally negligent and the City would therefore be responsible to the Plaintiff Andres Fiallo for the total of his damages. A finding of comparative negligence as to the mother would not reduce the amount the City would owe the minor. Minor Plaintiff, Andres Fiallo, suffered a fractured right leg and multiple abrasions. He was hospitalized from April 16, 1978 through May 5, 1978. The first three (3) days were spent in the Pediatric Intensive Care Unit at Jackson Memorial Hospital. Subsequently, he was restricted to bed and his leg was in traction and a cast. After discharge from the hospital, Plaintiff continued to wear a body cast extending from under his left armpit to below his right knee for at least one month. Plaintiff was put into a smaller cast for the next three (3) months. In November of 1979, Plaintiff was examined by local con- servative orthopedic Surgeon Claude Holmes. At that time, mother of Andres Fiallo stated that Plaintiff was more nervous since the accident and suffered from headaches. Dr. Holmes upon examination found the left leg approxi- mately 5/81' shorter than the injured right leg. Although the doctor indicated that the minor Plaintiff has normal function, he did assign a slight residual permanent partial impairment due to the slight lengthening of the right leg. Minor Plaintiff, four (4) years after the accident, still complains of weakness in the right leg which causes him to fall frequently while playing. These falls are occasionally severe enough to cause headaches lasting two to three hours with aspirin and rest necessary to relieve them. 82-541' rrj Honorable Members of -3- June 1 , 1982 the City Commission In addition to treatment by the doctors at Jackson Memorial Hospital, and an examination by Dr. Holmes, Plaintiff was also seen by Illinois Welfare Physicians who removed his cast while he was in Chicago during the Summer of 1978. No bills were received from these welfare doctors. Plaintiff's total medicals known from this accident are $3,804.06. All of the medical expenses and other damages have been verified as to correctness. The original demand presented on behalf of minor Plaintiff was for the $50,000.00 limit established under Section 768.28, Florida Statutes (1975). This was later reduced to $20,000.00 plus medicals as a final figure. After extensive discussions and nego- tiations, the matter can now be settled $18,000.00, plus approximately $350.00 in taxable costs. This claim has been investigated by 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 the City of Miami make an Offer of Judgment to settle this claim in the amount $18,000.00 and up to $350.00 in costs. ,.� ', - - GFK/JJR/wpc/l 82-541"