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Home My WebLink AboutR-82-0478RESOLUTION NO. 82-478 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO RINKER MATERIALS COM- PANY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $11,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECU- TION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS. WHEREAS, Rinker Materials Company filed a claim against the City of Miami for alleged property damage resulting from an accident on November 25, 1980, at or near Northwest Seventh Street and Northwest Twenty -Ninth Avenue; and WHEREAS, the above claim has been investigated by the Torts Division of the City Attorney's office in accordance with Ordinance No. 8417, which creates the City of Miami's Self -Insurance Program, and said office recommends that this claim be settled for the sum of $11,000.00 (Eleven Thou- sand Dollars and no/100); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the Director of Finance is hereby authorized to pay to Rinker Materials Company, without the admission of liability, the sum of $11,000.00 (Eleven Thousand Dollars and no/100) in full and complete settlement of all property damage claims and demands against the City of Miami, upon the execution of a release, releasing the City of Miami from all claims and demands. PASSED AND ADOPTED this 27 day of MAY , 1982. MAURICE A. FERRE MAURICE A. FERRE (::APTTES _� Q MAYOR i A C91 V. v CI CLERK PREPARED AND APPROVED BY: Deputy City Attorney fly Georg V. Knox, Jr. City A orney S: CITY COMMISSION MEETING OE MAY 2QQ7 1982 2-47 RESOLUTION NO.v REMARKS:..........,.. CITY OF 1lIPMI, FWRIDA 59, INTER -OFFICE MEMORANDUM TO: Honorable Members of the April 27, 1982 V-80-208 City Commission Rafael Alfonso and his Attorney Ed Ratiner; Circuit Court Case No. 81-11929 (CA-24) The Estate of Terry Lee Neider, represented by Marvin Coan, Esq. for Roger Neider, the natural T1�� father of Terry Lee Neider FROM: George �F.Knox, Jr. Murray Inker, Esq., representa- City Attorney tive of Gail Neider-Martin, her natural mother, and John Martin as stepfather. Oriente Urquiola and his attor- ney Charles Peppler.., Rinker Materials Corporation. Re: D/A: November 25, 1980 L/A: N.W. 7th Street & N.W. 29th Avenue in Miami Enc.: Settlement Resolution and Descriptive Diagram FACTS This accident occurred on November 25, 1980 on Northwest 7th Street and Northwest 29th Avenue in Miami. The ownership and operation of the City of Miami vehicle was involved, and responsibility, in part, lies with the City of Miami. Vehicles 1 and 2 were parked parallel to the curb at N.W. 7th Street, facing westbound. The first vehicle in line, parked and unoccupied, was a 1979 Mercury, 2 door, bearing Florida tag # LAV-838, owned by Ramon Avila and insured by Industrial Fire & Casualty. (Vehicle # 1) The second parked, and unoccupied vehicle, a 1980 Ford Thunderbird, bearing Florida tag # CMP-17, was owned by Lomberto Perez, and insured by Allstate Insurance Co. (Vehicle #2). 82-478 Honorable Members of the -2- April 27, 1982 City Commission The third vehicle involved was a vehicle owned by Rinker Materials Corporation, a 1970 FWD cement truck, bearing Florida tag # AZ-6390, operated by Oriente Urquiola, insured by Liberty Mutual Insurance Company. (Vehicle W . The fourth vehicle involved was driven by Rafael Alfonso, and this was'a 1976 Mercury Grand Marquis and it is insured by American Risk Assurance Company. (Vehicle W . Vehicle # 5 was the City of Miami vehicle. DESCRIPTION The first two vehicles noted were parked facing west on the northside of the roadway. The third vehicle, a Rinker cement truck, was westbound in the right traffic lane of N.Wq 7th Street. Vehicle 44, the Mercury, was struck in the•rear by Vehicle #5, the City unit, as it was proceeding eastbound. The front end of the Rinker cement truck, (Vehicle #3) then struck the right side of the Mercury, as the Mercury was cros- sing from the cement truck's left to the right. The cement truck operator, in an attempt to avoid striking the Mercury, apparently swung slightly to the right and lost control at a speed of about 30 MPH, causing the cement truck to land on top of the Mercury after the Mercury had been propelled into the rear of parked Vehicle =2, which the Mercury had struck after being hit initially by the cement truck. Parked vehicle #1 was damaged in the rear as a result of parked Vehicle #2, being pushed into it. CLAIHS RELATING TO VEHICLE NO. 4 AS INDENTIFIED ABOVE Plaintiff, Rafael Alfonso, filed a claim against the City of Miami through his attorney, Herman Eisenberg, resulting from personal injuries received by Rafael Alfonso in an auto- mobile accident. Mr. Alfonso is now represented by Attorney Ed Ratiner. An additional derivative claim has been brought on behalf of the wife of Rafael Alfonso, Elena Alfonso, through her attorney, Joel Kaplan. Mr. Alfonso was in the hospital from November 25, 1980 thru September 2, 1981 and in a coma for six -months of that time. He is a paraplegic, unable to speak, and is confined to a wheelchair as a result of his injuries. It should be noted that there is a subroga- tion claim from Blue Cross/Blue Shield on this individual in 92-47E _1% 4 Honorable Members of the -3- April 27, 1982 City Commission the vicinity of $217,000.00. All of the medical expenses and other damages have been verified as to correctness. After extensive discussions with the Plaintiff's attorney, the matter can now be settled for the $50,000.00 limit. The derivative claim for Mrs. Alfonso has been negotiated and can be settled for $2,500.00 through her attorney, Joel Kaplan. The decedent; Terry Lee Neider, was a passenger in the vehicle driven by Alfonso, (Vehicle #4). Terry was deceased at the scene and was 21 years of age. The Claimants, Roger Neider, Gail Neider-Martin and John Martin, have filed a claim against the City of Miami through their respective attorneys. Roger Neider is the natural father of the decedent, Terry Lee Neider and Gail Neider-Partin is the natural mother of the deceased, Terry Lee Neider. John Martin is the stepfather of the dece- dent. The total amount of funeral expenses for Terry Lee Neider was $508.50. The original demand by the Plaintiffs'., attorneys was $13,008.50, and both attorneys have agreed -to accept $10,000.00 as final settlement from the City of Miami. CLAIMS RELATING TO VEHICLE #3, AS IDENTIFIED ABOVE The Claimant, Oriente Urquiola, was injured while driving the cement truck which was struck by the car driven by Rafael Alfonso. The medical care for Oriente Urquiola was by Amaury Fuentes, M.D., and there was a diagnosis of a closed head in- jury, acute cervical spine sprain, dorsal and Jumbo sacral spine sprain, which was acute; post traumatic headaches and anxiety and depressive state. There was elevated blood pres- sure. There was a 5% minimal disability awarded to the body as a whole. Loss of wages has been verified with the Rinker Corporation for six (G) weeks of lost time and wages of $476.00 per week, or a gross amount of $2,856.00. There is a Worker's Compensation lien, from Liberty Mutual Insurance Company, in this case. All of the medical expenses and other damages have been verified as to correctness. The original demand that the Plaintiff's attorney presented was for $12,000.00. After extensive discussions and negotiations, the matter can now be settled for $8,000.00, including the Worker's Compensation lien. The Claimant, Rinker Materials Corporation, has filed a claim against the City of Miami for property damage to their cement truck which was a total loss as a result of this acci- dent. The original demand by Rinker was for $13,475.77. 82-4'7E Honorable Members of the -4- April 27, 1982 City Commission After extensive negotiations, this matter can now be settled for $11,000.00. The other claimants in connection with this accident whose claims are not set forth above have been paid in accordance with existing authority under the City's Self - Insurance Program. The claims set forth herein have been investigated by the City Attorney's Office, in accordance with Ordinance No. 8417, which created the City of Miami's Self -Insurance Pro- gram, and said office recommends that the City of Miami pay $81,500.00 in settlement thereof. GFK/P9t1/wpc/1 . . 82--4'7 vj