HomeMy WebLinkAboutR-81-01944 f
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RESOLUTIO14 NO. =r
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO BRUCE F. SIMBERG AND
ELISSA SIMBERG, HIS WIFE, WITHOUT THE ADMIS-
SION OF LIABILITY, THE SUM OF SIX THOUSAND
ONE HUNDRED FIFTY ($6,150.00) DOLLARS IN
FULL A14D COMPLETE SETTLEMENT OF ALL BODILY
INJURY, PERSONAL I14JURY PROTECTION LIENS,
CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, AND UPON EXECUTION OF A RELEASE,
RELEASING THE CITY FROM ALL CLAIMS AND
DEMANDS.
WHEREAS, Bruce F. Simberg and Elissa Simberg, his wife,
through their attorneys, Rosenblatt, Greene & Arnowitz, P.A., filed
a claim against the City of Miami for alleged bodily injuries and
personal injury protection liens, resulting from an accident wherein
Bruce F. Simberg tripped and fell on a city sidewalk in front of
25 West Flagler Street, Miami, Dade County, Florida; and
WHEREAS, the above claim has been investigated by teh
torts division of the city attorney's office in accordance with
Ordinance 3417, which creates the City of Miami Self -Insurance Pro-
gram and said office recommends that this claim be settled for the
sum of $6,150;
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 Bruce F. Simberg and Elissa Simberg, his wife,
without the admission of liability, the sum of $6,150 in full and
complete settlement of all bodily injury, personal injury protec-
tion liens, claims and demands against the City of Miami, upon the
execution of a release releasing the City of Miami from all bodily
injury, personal injury protection liens, claims and demands.
„D0CLIT �1,EdT INDEX
S U t t. • . '�' MEETING OF
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DOCU!. �� i S
FOLLOW" R'E,,,O' LUTI.-..J.......... ...... C.).
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OR
It
PASSED AND ADOPTED this 17 day of MARCH ,
1981.
MAURICE A. FERRE
M A Y 0 R
ATTEST:
PH G ONG E , CITY CLERK
ms-,roll
oizvLN A. LULLOiLl"
ASSISTA14T CITY ATTORNEY
APPROVED AS TO CORRECTNESS AND FORD:
A4a x _
ROBERT F. CLARK
ACTING CITY ATTORNEY
-2-
"SUPS^O T
D
FOLLO
81 -- !? .94
Honorable Members of the
City Commission
!!��<Re t F. Clark
Acting City Attorney
March 9, 1981
Bruce F. Simberg and Elissa
Simberg, his wife, v. C.A. Davis,
Inc, et al
Date of Accident: Oct. 15, 197
Place: Sidewalk in front of
25 W. Flagler St. Miami,
Dade County, Florida
Plaintiffs, Bruce F. Simberg and Elissa Simberg, filed a claim
against C.A. Davis, Inc., The City of Miami, FIGA, 25 Flagler
Company, City National Bank of Miami, and Fidelity and Deposit
Company of Maryland, through their attorneys, Rosenblatt, Greene
& Arnowitz, P.A.
The accident occurred on October 15, 1976, on the sidewalk located
in front of the City National Bank Building, 25 West Flagler Street,
i4iami, Dade County, Florida, when Bruce F. Simberg tripped and fell
over a sanitary sewage cleanout device that was raised above the
level of the sidewalk. The device was located in the middle of
the sidewalk, for which the City must accept some responsibility.
Plaintiff, Elissa Simberg, has filed a derivative claim as a
result of this accident.
As a result of the accident, Bruce F. Simberg received acute injuries
to his cervical spine. He was treated by four separate physicians.
Joe B. Dennis, M.D., an orthopedic surgeon, diagnosed an acute
cervical sprain with a reversal of the normal lordotic curve. Dr.
Dennis confirmed a positive EIIG and assigned a 10 permanent partial
disability to Mr. Simberg's body as a whole.
Stephen L Ticktin, M.D., an orthopedic surgeon, also diagnosed an
acute cervical sprain and assigned a 15% permanent partial disa-
bility to Mr. Simberg's body as a whole.
Bret L. Lusskin, 11.D., an orthopedic surgeon, diagnosed an acute
cervical sprain with a reversal of the normal lordotic curve and
assigned a ?0-25% permanent partial disability to Mr. Simberg's
body as a whole.
Irwin Perlmutter, M.D., a neurosurgeon, dia�,nosed a herniated inter -
vertebral disc at the C-6 C-7 level and assigned a 12% permanent
partial disability to Mr. Simberg's body as a whole.
D c IVI L.i,4Ts
FOLLOW"
c' 1 9 4
Honorable i-tembers of the
City Commission
Page Two
March 9, 1981
Mr. Simberg, who is an attorney doing defense of negligence claims
for insurance carriers with a private law firm, incurred minimal
medical bills of 81195. The severity of his injuries, however, is
significant.
The medical expenses have been verified as to being correct. There
have been extensive negotiations regarding settlement of this claim.
The cause of action can now be settled for a total of $17,900, plus
incurred costs of 8430. The City of Miami's contribution toward
this settlement would be $6,OCO plus $150 costs. The remainder of
the settlement will be contributed to by C.A. Davis, Inc. and the
City National Bank of Miami. The contribution towards the settle-
ment by the other defendants significantly reduces potential lia-
bility of the City for this incident.
The above claim has been investigated by the city attorney's office
in accordance with Ordinance 8417, which creates the City's Self -
Insurance Program and this office recommends that the City of
Miami pay $6,150 in settlement of this claim.
RFC/SAE/bbb