HomeMy WebLinkAboutR-82-0542-r- ! .V,
RESOLUTION NO. A,. ` A.,
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO HARRIET SCHWARTZ
THE SUM OF $30,000.00, WITHOUT THE AD-
MISSION OF LIABILITY, IN FULL AND COM-
PLETE SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY, PROTECTION LIENS,
WORKER'S 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, Harriet Schwartz, through R. W. Payne, Jr., of
Spence, Payne, Masington & Grossman, P.A., her attorneys,
filed a claim against the CITY OF MIAMI for alleged bodily
injury, personal injury, protection liens, Worker's Com-
pensation liens resulting from an accident wherein Mrs.
Schwartz fell on a defect in a City sidewalk on September 11,
1978 on the northwest corner of the intersection of North-
east 38th Street and 1st Avenue, Miami, Dade County, Florida;
and
WHEREAS, the above claim has been investigated by the
Torts Division of the City Attorney's Office and in accord-
ance with Ordinance No. 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 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 Harriet Schwartz 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 the execution of a
release releasing the City of Miami from all bodily injury,
82 -542'
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personal injury, protection liens, Worker's Compensation liens
and claims in demands.
PASSED AND ADOPTED this 17th day of June, 1982.
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
ATTES
d
RA PH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
Z,/- zg��
g0FL'IAJ. IROBERTS
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEOR F. KNOX, JR. 1
CITY MTORNEY
2
V
66A
To
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
DATE
FILE
Honorable Members of the June 1, 1982
City Commission SUBJECT
Settlement of Harriet Schwartz
`�. v. The City of Miami
Circuit Court # 80-15925 (CA-08)
FROM JG_g e Knox, Jr REFERENCES D/A: September 11, 1978
Attorney _ P/A: The northwest corner of
ENCLOSURES: the intersection of N.E.
3Rth Street- & At Ave.
Plaintiff, Harriet Schwartz, filed a claim against the City
of Miami through her attorney, R. W. Payne, Jr., of Spence,
Payne, Masington & Grossman, P.A., to recover for personal
injuries received by Harriet Schwartz due to a fall on a
sidewalk defect.
The accident occurred on September 11, 1978 in the afternoon
on the northwest corner of the intersection of N.E. 38th
Street & 1st Avenue. The sidewalk and curb of that corner
had cracks and defects with foliage growth in the cracked
areas. Responsibility for the maintenance and repair of
the sidewalk and curb rests with the City. The City had
inspectors in the area several months prior to the accident
and was aware of the existing condition. Harriet Schwartz
stumbled on one of the cracks and/or the foliage in the crack
located on the curb, falling face forward onto the sidewalk
and fracturing her left hip.
Harriet Schwartz was age 65 at the time of this accident.
She sustained an intertrochanteric fracture of the top of
the upper leg bone. The fracture required the application
of a metal splinting device consisting of nails (4) and a
plate device directly to the bone by her treating physician,
Dr. Paul Mayer. As a result of her treatment, Mrs. Schwartz
also developed a problem with thrombophlebitis (excessive
blood clotting) and was treated with anticoagulators by Doctors
Wheatman and Brodsky. The thrombophlebitis was controlled and
Mrs. Schwartz's recovery appeared to proceed satisfactorily at
that time.
A few months later, Mrs. Schwartz began to suffer from increased
pain in the fractured area. She went to see Orthopedic Surgeon,
Dr. Samuel Turek, who diagnosed an adventitious bursitis in the
area of the nailing device, which had been used to splint the hip
bone. Mrs. Schwartz subsequently underwent surgery for the
82-542-
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To the Honorable Members
of the City Commission
-2-
June 1, 1982
removal of the nailing device at the end of March of 1979.
Mrs. Schwartz initially recovered satisfactorily from this
operation. After a couple of months, she began to sustain
lower back pain. According to Dr. Turek, Mrs. Schwartz had
an original congenital deformity prior to this accident where-
in the left leg was shorter than the right. Due to the accident,
the left leg is now the same length or longer than the right.
The lower back pain that Mrs. Schwartz is now experiencing is
probably mechanical in nature due to her inability to readjust
to the new lengths of her legs. Dr. Turek had advised Mrs.
Schwartz prior to the surgery, that if she continued to sus-
tain severe pain in the left hip, a total hip replacement in
the future would be a possibility. Dr. Turek was satisfied
with the outcome of the surgery as far as treating the adven-
titious bursitis and did not feel at the time that he dis-
charged Mrs. Schwartz in the Summer of 1979 that a total hip
replacement would be necessary.
In between the original splinting of her leg and the removal
of the nailing device, Plaintiff was treated by Dr. Doug
Slavin for hypertension and high anxiety. The hypertension
was an advanced state; the anxiety was from the accident. Dr.
Slavin has indicated that Plaintiff, Harriet Schwartz, did
incur an aggravation of her hypertension due to the pain
and anxiety she suffered from this accident. At the present
time, her hypertension is controlled by medication.
In addition to Doctors Mayer, Turek, Wheatman and Brodsky, and
Slavin, the Plaintiff was seen by Dr. Jerry Enis in July of
1979 with respect to her low back. He diagnosed mechanical
low back pain due to a post fracture of the left hip and
clinically found that her left leg was a quarter of an inch
longer than her right.
Conservative Orthopedic Surgeon Leon Mims examined Plaintiff,
Harriet Schwartz on March 30, 1982. Dr. Mims does not believe
that further operative procedures should be necessary but he
did assign Ms. Schwartz an 18% disability rating to the lower
extremity which translates into a 7% permanent impairment to the
body as a whole.
Mrs. Schwartz's medical bills related to this accident totalled
$9,826.07.
82-542"
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To the Honorable Members
of the City Commission
-3-
June 1, 1982
All of the medical expenses and other damages have been
verified as to correctness. The original demand that the
Plaintiff presented was for the $50,000.00 limit established
under Section 76828, Florida Statutes. This was later re-
duced to $40,000.;0. After extensive discussions and
negotiations, the matter can now be settled for $30,000.00.
This claim has been investigated by the City Attorney's
Office and in accordance with Ordinance No. 8417, which
creates the City of Miami's Self -Insurance Program, the
said office recommends that the City of Miami pay $30,000.00
in settlement of this claim.
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GFK/JJR/wpc/1
cc: City Manager