HomeMy WebLinkAboutR-81-0014"I A
RESOLUTION NO,
A RESOLUTION AUTHORIZING THt DIRECTOR OF FINANCE
TO PAY TO LILLIAN FELDMAN, WITHOUT THE ADMISSION
OF LIABILITY, THE SUM OF $20,000,00 114 FULL AND
CO14PLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL
INJURY PROTECTION LIE 8 , WO3t TNS C014PEN8ATION
LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI AND BERNARD BARKER, AND UPON EXECUTION OF
A RELEASE, RELEASI!!G THE CITY FROM ALL CLAIMS
AND DEMANDS.
WHEREAS, LILLIAN FELDMAN filed a claim against the CITY
OF MIAMI and BERNARD BARKER for alleged bodily injury, personal
injury protection liens, workmens compensation liens, resulting
from an accident involving a City owned vehicle on January 6,
1977, at the intersection of Northwest I2th Avenue and l9th
Street, in 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 Twenty Thousand Dollars ($20,000.00);
NOW, THEREFORE BE IT RESOLVED BY THE CO101ISSION OF THE
CITY OF MIAMI, FLORIDA
Section 1. That the Director of Finance is hereby author-
ized to pay to LILLIAN FELDMAN the sum of Twenty Thousand Dollars
($20,000.00) in full and complete settlement of all bodily injury,
personal injury protection liens and workmens compensation liens,
claims and demands against the CITY OF KIIAMI and BERNARD BARKER,
upon execution of a release, releasing the CITY OF MIAMI and
BERNARD 6ARK41 from all bodily injury, personal injury protection
liens and workmens compensation liens, claims and demands,
PASSED AND ADOPTED this d Of 19$l ay—.����rT
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VTY COMMISSION
MEETING OF
"DOCUMENT INDEX JAN 1 519s
ITEM N _"Q,,,s,,.,
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PREPARED �Nb APPROVED BY: �
r
S VEN A . EDELSTEIN
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM A4D CORRECTNESS
GEORGE F KNOX, JR,
CITY ATTOWNEY
"SUPPORTIVE
D0CUPolENIFS
i L L O VIVI
1 k
*3A
The Honorable Me tt s January 5, 1981
of the City Co'__ IL481oft
L31-111'aft Feldman V8, City of Miami
Bernard Barker et &I,
Circuit Court #79-2185 (CA-19)
CeOt F. Yaloxi Jr,
D/A: January 6 1977
CitOAttbtteIy L/AIntet8edt6n of N,W, 12th
Avenue and 19th Street
This claim arose whet the Plaintiff Lillian Feldman, was a pass(nger
in a motor vehicle that was involved in an automobile accident on
January 6, 1977 at the intersection of Northwest 12th Avenue and
19th Street, in Miami, Dade County, Florida,
The ownership and operation of a City of Miami vehicle is directly
involved and the responsibility for the accident rests with the
City of Miami. The accident occurred when Bernard Barker, a.City
of Miami Sanitation Inspector,' driving a City of Miami motor vehicle,
ran a stop sign on Northwest 19th Street, striking the vehicle in
which the Plaintiff, Lillian Feldman, was a passenger. The claim
for injuries suffered by Lillian Feldman was filed by her attorney,
Charles Whitelock, Esq.
As a result of the accident, Lillian Feldman suffered a cervical
sprain, right shoulder sprain, contusions to her left knee and
extensive dental damage to her teeth. Her medical expenses total
$5,919 and she is claiming additional expenses of $3,137.58 for facial
treatments, optical replacement of glasses and transportation costs
to and from doctors' offices. The total amount of bills that she has
submitted are $9,056.58. Her most serious problem involved the
installation of extensive bridgework in the total amount of $4,196.
The medical expenses and other items of damage have been verified
as being correct. Plaintiff's original amount for settlement was in
the amount of $62,500.00, an amount in excess of the City's limitation
of liability pursuant to Florida Statutes 768.28. Followin extensive
settlement negotiations, Plaintiff's demand was reduced to 935,700 and
can now be settled for the amount of $20,000.
This claim has been investigated by the City Attorney's Office in
accordance with Ordinance No. 8417, which creates the City of Miami's
Self -Insurance Program and the said Office recommends that the City
of Miami pay $20,000.00 in settlement of this claim.
PFKISAE/
Enc osur,V,{Reso ution)
14
81-14