HomeMy WebLinkAboutR-82-0481RESOLUTION NO. 82-481
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO HELEN EBENSTEIN
AND DAVID EBENSTEIN,HER HUSBAND,THE SUM
OF $10,000.00, WITHOUT THE ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLE-
MENT 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 CLAItIS AND DEMANDS.
WHEREAS, Helen Ebenstein and David Ebenstein, through
Martin L. Nathan, Nathan & Williams, P.A., their attorneys
filed claim against the City of Miami for alleged bodily
injury, personal injury protection liens, and worker's com-
pensation liens resulting from an accident involving a City
owned vehicle on June 3, 1980, on Southwest 27th Avenue at
approximately 130 feet North of Trapp Avenue, Miami, Dade
County, Florida; and
WHEREAS, the above claims have been investigated by the
Torts Division of the City Attorney's Office in accordance
with Ordinance 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 $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
authorized to pay to Helen Ebenstein and David Ebenstein,
her husband, the sum of $10,000.00, without the admission of
liability, in full and complete settlement of all bodily
injury, personal injury protection liens, worker's compen-
sation liens, claims and demands against the City of Miami,
upon execution of a release releasing the City of Miami from
all bodily injury, personal injury protection liens,
worker's compensation liens, claims and demands.
CITY COMMISSION
MEETING OF
MAY2 1 1982
82Now
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PASSED AND ADOPTED this 27 day of May 1982.
MAURICE A. FERRE
MAURICE A. FERRE, Mayor
ATTEST:
GG 5, � - .
Q
k,ALPH OG. ONGIE
C y Clerk
PREPARED ND APPROVED BY:
STEVEN A. EDELSTEIN
Assistant City Attorney
APPROVED AS TO.FDBM-AND CORRECTNESS:
GEORC F. KNOX, JR.
City tiA torney
2
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The Honorable Members of April 7, 1982
the City Commission
Settlement of Helen Ebenstein
c,
& David Ebenstein v. The City
+ege
of Miami, Circuit Court Case
No. 81-9573(CA-22)
F. Knox, Jr� _, D/A: June 3, 1980
torney�� P/A: S.W. 27th Ave. approximately
130 ft. North of Trapp Ave.
Plaintiffs, Helen Ebenstein and David Ebenstein (her
husband) filed a claim against the City of Miami through
their attorney Martin L. Nathan, Esq., Nathan & Williams,
P.A., resulting from personal injuries received by Helen
_ Ebenstein in an automobile accident. An additional deri-
vative claim was brought on behalf of David Ebenstein.
The accident occurred on June 3, 1980, on Southwest 27th
Avenue, approximately 130 feet North of Trapp Avenue. The
ownership and operation of the City of Miami vehicle was in-
volved and responsibility rests with the City of Miami.
The Plaintiff, Helen Ebenstein was injured when her motor
vehicle was struck by a City of Miami vehicle in the rear,
while she was stopped to make a left turn.
The medical problems encountered by Mrs. Ebenstein were
extensive. The primary difficulty resulted from Mrs. Eben-
stein's longstanding suffering from Crohn's Disease, which
she had contracted when she was a teenager. This disease re-
sults in a deterioration of the intestinal tract and requires
numerous Ileostomy operations to correct her continuing pro-
blems.
Mrs. Ebenstein came to Miami in December 1979, and under-
went two major Ileostomy operations resulting from the Crohn's
Disease, prior to the June 3, 1980 accident. During the same
six month period prior to the accident, she was undergoing
psychological care and treatment with Dr. Angelica Corse. Dr.
Corse has indicated that Helen Ebenstein suffered a serious
exacerbation of her psychological and psychiatric problems
as a result of the accident, although she was unable to
designate a specific permanency rating.
Subsequent to the accident, Mrs. Ebenstein underwent
two additional Ileostomy operations, which she claims were
also a result of the accident, although her physicians do not
necessarily feel that the operations were directly related.
82-481--
The Honorable Members of
the City Commission -2- April 7, 1982
As a result of the accident Mrs. Ebenstein also suffered
injuries to her back, neck and shoulder areas. Her primary
Orthopedic Surgeon, Barrett Alpert, M.D., assigned a 10% per-
manent partial disability to Mrs. Ebenstein's body as a whole
resulting from her orthopedic injuries.
In addition to Dr. Corse and Dr. Albert, Mrs. Ebenstein
has also been seen and treated by the following physicians:
Edward Bloch, M.D.; Malcolm Goldsmith, M.D., and Richard Taylor,
M.D.. Her total medical bills incurred through December 1981,
including three hospitalizations at North Shore Hospital
totaled $22,659.21. The medical bills which can be isolated
as definitely resulting from the accident totaled $4,816.35,
and the relationship of the remaining bills is questionable.
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 768.28 Florida Statutes (1979). This was later
reduced to $35,000.00. After extensive discussions and
negotiations the matter can now be settled for $10,000.00.
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
recommended that the City of Miami pay $10,000.00 in settle-
ment of this claim
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