HomeMy WebLinkAboutR-81-0013P.ESOLUTION NO, 1 e 13
A PS80LUTION AUTHORIZING THE DIRECTOR OF
FINANCE OF THE CITY OF MIAMI TO PAY TO
DORETHEA BROWN, AS PERSONAL REPRESENTATIVE
OF THE. ESTATE 0P EVELYN ADAHS , DECEASED,
AND DORETHEA BROWN, INDIVIDUALLY, THE SUM
OF THIRTY THOUSAND DOLLARS ($30,000,00) IN
FULL AND COMPLETE SETTLEMENT OF ALL BODILY
INJURY, PERSONAL INJURY PROTECTION LIEIlS ;
WORKI,IENS COMPENSATION LIENS, CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND DAN
BAILEY, AND UPON EXECUTION OF A RELEASE,
RELEASING THE CITY OF MIAMI AND DAN BAILEY
FROM ALL CLAIMS AND DEMANDS,
WHEREAS, DORETHEA"BROWN, AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF EVELYN ADAMS, DECEASED, AND DORETHEA BROWN,
INDIVIDUALLY, through her attorneys, Set, DeCardenas, Levine,
Busch and Allen, P,A,, filed a claim against the CITY OF MIAMI
AND DAN BAILEY for bodily injury and death of EVELYN ADAMS,
DECEASED, resulting from an accident involving a City of Miami
police vehicle on August 16, 1976, at Northwest 15th Avenue at
its intersection with Northwest 63rd Street, in the City of
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 No. 8417, which creates the City of Miami's Self -
Insurance Program and said Office recommends that this claim
be settled for the sum of Thirty Thousand Dollars ($30,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE C0114ISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby author-
ized to pay to DOR.FTHEA BROWN, AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF EVELYN ADAMS, DECEASED, AND pORDTtiEA BROWN, INDIVIDUALLY,
without the admission of liability, the sum of Thirty Thousand
Dollars ($30,000,00), in full and complete settlement of all
bodily, injury and death, personal injury protection liens, Worl�- i
mens Compensation liens, claims and demands against the CITY OF
"DOCUMENT INDEX
ITEM No, a of
CITY COMMISSION
14EETINO OF
r
MIAMI A14D DAN BAILEY, upoti the ekecutidn of a Release, releasing
the CITY OF' MqAMI Alit) DAN BAILEY from all bodily itjuty and
death, petsonal injury protection liens, Workmeng Compettsatioti
liens, claims and detnatids .
PASSED AND ADOPTED this- 15_ _.day of ia-' . _ 1981,
M A Y O R
ATTEST:
LPH . ONGIE c✓
C'4Y CLERK
"SUPPORTIVE
DOCUMENTS
PREPARED `AOD APPROVE)) BY FOLLOW
f
STEVEN A. EDE- TETIR'
ASSISTANT CITY ATTOR11EY
APPi?D D AS TO FOR147;-+„ND,CORRECTNESS
GEORGE . KNOX, JR.
CITY AfPTORNEY
The Honorable Mombots of January 5, 1981
the- City Ummis s ion
Dorethea Btown, as petsonal repte=
4 sentativt of the Estate of Evelyn Adams,
Dec i d, , and Dorethea Brotffi, Individually
C o e P, Knox, Jr,
vs, City of Miami and Dan Bailey
Circuit Court #77=23610 (CA=11)
Cit; Attorney D/A: August 16, 1976
L/A NW 15 Ave, & NW 65 Street E
This claim arose when Evelyn Adams, Deceased, wag involved in a
pedestrian accident on August 16, 1976 at NA44 15th Avenue at its
intersection with N N. 63rd Street, Miami, Dade County, 1'10rida,
The ownership and operation of a City of Miami vehicle was directly
involved and the responsibility for the accident rests with the City
of Miami. The claim for injuries suffered by Evelyn Adams was filed
through her attorneys, Ser, DeCardenas, Levine, Busch and Allen, P.A.
The accident occurred when a City of Miami police vehicle driven by
Sgt. Dan Bailey struck the said Evelyn Adams, Deceased, while she
was a pedestrian.
As a result of the accident-, Evelyn Adams suffered head and wrist
trauma. Subsequent to the accident, Evelyn Adams suffered a memory
loss, speech difficulties, staggering problems and seizure disorders.
Ultimately, it was determined that she sustained a chronic subdural
hematoma. She was admitted to Jackson Memorial Hospital on November 25,
1976, following which time she underwent surgery for the chronic sub
dural hematoma. She expired following the surgery on December 9, 1916.
The Dade County Medical Examiner has concluded that the hematoma
directly resulted from this accident. The Plaintiff, Dorethea Brown, is the daughter of Evelyn Adams, De-
ceased, and the representative of her estate. The estate is responsible
for hospital bills in the amount of $17,055.60 to Jackson Memorial
Hospital, a medical bill in the amount of $130 to Dr. Nadler, and
funeral and burial expenses in the amount of $1,589.90.
The medical expenses and other items of damage have been verified as
being correct. Plaintiff's original demand for settlement was in the
amount of $85,000.00. After extensive negotiations, this was subsequently,,
reduced to $30,000.00, for which sum the matter can presently be settled. The above claim has been investigated by the City Attorney's Office
in accordance with Ordinance No. 8417, which creates the City of Miami
Self -Insurance Program and the said Office recommends that the City
pay $30,000.00 in complete settlement of this claim,
GRK/SAE/f1
Enclosure (Resolution)
81`3