HomeMy WebLinkAboutR-81-0964AP
C� /
RESOLUTION NO.
81-964
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY AHTO WALTER, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF NINE
THOUSAND DOLLARS ($9,000.00) IN FULL AND
COMPLETE SETTLEMENT OF HIS BODILY INJURY
CLAIM AGAINST THE CITY OF MIAMI AND UPON
THE EXECUTION OF A RELEASE, RELEASING THE
CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, AHTO WALTER has filed a claim against the City of
Miami for a bodily injury claim against the City of Miami, due
to an accident that occurred on the lst day of October, 1979,
at or near Slip 259 of the Miamarina; and
WHEREAS, the above claim has been investigated by the
Torts Division of the City Attorney's Office in accordance
with Ordinance #8417, which created the City of Miami's Self -
Insurance Program, and said Office recommends that this claim
be settled for the sum of Nine Thousand Dollars ($9,000.00).
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA.
Section 1. The Director of Finance is hereby autho-
rized to pay AHTO WALTER the sum of Nine Thousand Dollars
($9,000.00), without the admission of liability, in full and
complete settlement for his bodily injury claim and all other
claims and demands against the CITY OF MIAMI upon execution of
a Release, releasing the CITY OF MIAMI from all such liens,
claims and demands.
PASSED AND ADOPTED this 12 day of November 1 1981.
ST:
CITY CLERK
PREPARED AND APPROVED BY:
RO ERT F. CLARK
DEPUTY CITY ATTORNEY
� 411013[" Dlw:� W8.14 :
APPROVED AS
G 401tGE F. KNO
C Tli ATTORNEY
CORRECTNESS:
CITY COMMISSION
MEETING OF
NOV 1 2 11981
RESOLUTION NO..... 81 9
N
0
37
Honorable Members of
The City Commission
Geor e F. Knox, Jr
C it Attdrn
October 7, 1981
VC 79-280
Ahto Walter
Vs. The City of Miami
D/A: 10/1/79
P/A: Slip #259 - Miamarina
Miami, Florida
This claim was precipitated by a slip and fall incident that
occurred on October 1, 1979, at or near Slip #259 at the
Miamarina. The contributing cause of the claimant's slip
and fall incident was attributable to a slippery concrete
walkway, approximately fifty feet north of the north entrance
of the Miamarina.
The above stated concrete walkway was the access way from
the Miamarina restaurant and tavern to the boats docked at
the marina facilities. At the time of the accident, the
area in question was extremely wet, thereby creating a
slippery and hazardous situation for pedestrians walking to
and from the boat ramps. The general appearance of said
walkway belies the inherent problem that is created when
water covers this area, resulting in a very slick and slippery
condition.
The claimant, a 68 year old ship's captain, suffered a dis-
placed fracture of the right knee, which required open reduction.
Although further surgical procedures are.recommended, the
claimant is reluctant to submit to such surgery. The medical
expense for the bodily injury care and treatment presently does
not exceed $4,000.00. The City was presented with a demand of
no less than $50,000.00 by the claimant's Attorney. This was
to include an alleged amount of $20,000.00 for lost time and
wages.
The above claim has been investigated by the City Attorney's
office in accordance with"Ordinance 8417, which created the
City of Miami Self -Insurance Program, and the said office
recommends that the City of Miami pay $9,000.00 .in settlement
of this bodily injury claim.
GFK/MB/ro
C.�Fn7 130 19;
i o) ii• uu