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HomeMy WebLinkAboutR-81-0102J RESOLUTION NO. 8 1, - 1. 0 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE R�RTIV� TO PAY TO SARA DELGADO AND BENIGNO DELGADO, WITH - Its U r OUT THE ADMISSION OF LIABILITY, THE SUM OF SEVEN CUIN11ENTS THOUSAND FIVE HUNDRED DOLLARS ($7,500.00) IN FULL DOAND COMPLETE: SETTLEMENT OF ALL PERSONAI, INJURY FOLLOWIt CLAIMS, WORKMENS COMPENSATION LIENS, SUBROGATION CLAIMS AND ALL OTHER CLAIMS AND DEMANDS AGAINST } THE CITY OF HIAMI, AND UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. IJiIEREAS, BENIGNO and SARA DELGADO, jointly, have filed a claim against the City of Miami for personal injury re- sulting from an accident involving a City owned sidewalk on September 1, 1979 at or near the intersection of South- west 12th Court and Southwest 8th Street, Miami, Dade County, Florida; 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's Self -Insurance Program and said Office recommends that this claim be settled for the sum of Seven Thousand Five Hundred Dollars ($7,500.00); U01.1, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIA!II , FLORIDA: Section 1. That the Director of Finance is hereby author- ized to pay to SARA and BENIGNO DELGADO the sum of Seven Thousand Five Hundred Dollars ($7,500.00), %oithout the admission of liability, in full and complete settlement of all personal injury claims, workmens compensation liens, subrogation claims and all other claims and demands against the City of Miami, upon execution of a release, releasing the City of Miami from „DOCUMENT INDEX ITEM Nn Z7 "SUPPORTIVE DOCUMENTS FOLLOW" CITY COMMISSION MEETING OF FEB1 1 11931 RESOLUTION NO....... 1 ................ REAM ............ .....«........... all such liens, claims and demands. PASSED AND ADOPTED this 11 day of 1981. ATTEST: RAL G. ONGIE CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: t' �u L l ROBERT F. CLARK ACTING CITY ATTORNEY FEBRUARY MAURICE A. FERRE M A Y 0 R "SUPPORTIVE DOCUMENTS FOLLOW :q _Q rprl%i Honorable Members of the City CommR,J 'n o ge . Kno Cit Attorney January 19, 1981 Slip and Fall accident L/A: S.W. 12th Ct. & 8t Street, Miami, Fla D/As September 1, 1979 This claim arose out of an accident that occurred on September 1, 1979, at or near the intersection of Southwest 12th Court and 8th Street. The cause of the accident was the uneven surface be- tween the sidewalk and an area that had been. cut out for the placement of a tree in the sidewalk without any iron gratings around the tree to make the level even with the sidewalk or any bricking to make it even with the sidewalk. As a result of the accident, the claimant, Mr. Benigno Delgado, suffered a fracture of the mandible, as well as abrasions and lacerations to his lips and chin. Plaintiff's original demand for settlement was $20,000.00. Through extensive negotiations, the amount of the demand has been reduced and the claim can be settled for $7,500.00. The above claim has been investigated by the City Attorney's Office in accordance with Ordinance No. 8df17, which creates the City of Miami's Self -Insurance Program, and the said office recommends that the City of Miami pay $7,500.00 in settlement of this claim to Mr. Benigno Delgado, and his wife, Mrs. Sara Delgado. GFK/AW/wpc/1 �'�—i+I'