HomeMy WebLinkAboutR-82-0430RESOLUTION NO. 8 2" 4 3 0
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO JOSE PORTELA
AVILA $25,000.00, WITHOUT THE AD-
MISSION 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 AND UPON EXECUTION OF A
RELEASE RELEASING THE CITY FROM ALL
CLAIMS AND DEMANDS.
WHEREAS, Jose Portela Avila, through Thomas J. Morgan,
Esq., Gilmour, Morgan and Rosenblatt, his attorneys, filed a
claim against the City of Miami for alleged bodily injury,
personal injury protection liens, Worker's Compensation
liens, resulting from an incident involving City of Miami
Police Officers on October 15, 1977 at the Dade County Jail;
and
WHEREAS, the above claim has 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, and the said office recommends that these
claims be settled without the admission of liability for the
sum of Twenty Five Thousand Dollars ($25,000.00);
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 Jose Portela Avila the sum of Twenty Five Thousand
Dollars ($25,000.00), 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 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
MAY 1 9 1982
�ounaM iq. $ 2..-.4 3
PASSED AND ADOPTED this 11th day of May , 1982.
ATTEST:
ftALPHAOU. ONGIE
TY CLERK
PREP -ABED AND APPROVED BY:
Va%A2)� -
STEVEN A. EDELSTEIN
ASISSTANT CITY ATTORNEY
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
i
GEOrApF F. KNOX, JR.
CITY ATTORNEY
-2-
TO
•
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Members of the
City Commission
PROM
r ,.\\
ge F. ox, Jr
Ci Attorney
0
r•ATE April 27, 1982 FILE
?USJECT Settlement of Jose Portela Avila
vs. John Jewett, John O'Neal &
The City of Miami
REFERENCES: Circuit Court Case #78-5401(CA-2
D/I: October 15, 1977
ENCLOSURES: P/I: Dade County Jail
Plaintiff, Jose Portela Avila, filed a claim against the
City of Miami through his Attorney, Leo B. West. Subse-
quently, there was a substitution of counsel and the Plain-
tiff continued to be represented by Thomas J. Morgan. The
claim resulted from personal injuries received in an alleged
police brutality incident. The individual police officers
were dismissed during the course of the proceedings and the
case continued to be brought against the City of Miami.
The incident occurred on October 15, 1977 at the Traffic
Seciton of the Dade County Jail. Mr. Avila had been arrested
by two (2) City of Miami Police Officers for driving without
a valid driver's license. When taken to the Dade County
Jail, Mr. Avila alleged that the police officers pushed him
so that his head was forced to break through a wire reinforced
glass door at the entrance to the jail.
Mr. Avila suffered extensive facial injuries and orthopedic
injuries. He was treated by Jay Ellenby, M.D., a Plastic
Surgeon, with respect to his facial injuries and scars. Dr.
Ellenby hospitalized Mr. Avila at Palmetto General Hospital
for two days for an operation relating to the scarring on
his face. He indicated that there would possibly future
surgery needed. With respect to Mr. Avila's orthopedic in-
juries, he was treated by George Turk, M.D., who allowed a
5% to 10% permanent partial disability and Michael Gilbert,
M.D., who allowed a 5% permanent partial disability.
Mr. Avila's total medical bills amounted to $5,203.55, with
an additional $2,200.00 in loss of income.
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, which the Plaintiff
refused to compromise for an extended period of time. This
Honorable Members of -2- April 27, 1982
the City Commission
amount was later reduced to $35,000.00. After extensive
discussions and negotiations, the matter can now be set-
tled for $25,000.00.
The 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 pay $25,000.00 in settle-
ment of this claim.
GFK/SAE/wpc/1
Enclosures (Resolution)
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