HomeMy WebLinkAboutR-80-0868SAE/wpc/l
11/20/80
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RESOLUTION
80-868
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO J. TILLMAN PEARSON, IN-
DIVIDUALLY AND AS PERSONAL REPRESENTATIVE
OF I. T. PEARSON, DECEASED, THE SUM OF
TWELVE THOUSAND FIVE HUNDRED DOLLARS
($12,500.00) IN FULL AND COMPLETE SETTLE-
MENT OF ALL WRONGFUL DEATH, BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS, WORKMENS
COMPENSATION LIENS, HOSPITAL LIENS, CLAIMS
AND DEPIANDS AGAINST THE CITY OF MIAMI A14D
UPON EXECUTION OF A RELEASE, RELEASI14G THE
CITY FROM ALL CLAIMS AND DEMANDS.
WHEREAS, J. TILLMAN PEARSON, individually and as per-
sonal representative of I. T. PEARSON, deceased, through
his attorneys, Floyd, Pearson, Stewart, Richman, Greer &
Weil, have filed a claim against the City of Miami for
the wrongful death of I. T. PEARSON, bodily injury, per-
_ sonal injury protection liens, Workmens Compensation liens,
and hospital liens, resulting from an incident involving
City owned property, on November 30, 1980 on the east side of
Biscayne Boulevard just north of 3225 Biscayne Boulevard,
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. 84-17 which creates the City of Miami's
Self -Insurance Program, and the said Office recommends that
this claim be settled for the sum of Twelve Thousand Five
Hundred Dollars ($12,500.00).
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION,T6C0[,/1EN1 INDEX
THE CITY OF MIAMI, FLORIDA: ITEM NO. _
Section 1. The Director of Finance is hereby authorized
to pay to J. TILLMAN PEARSON, individually and as the personal
representative of I. T. PEARSON, deceased, without the admission
of liability, the sum of Twelve Thousand Five Hundred Dollars
($12,500.00) in full and complete settlement of. al i c i-nnnf111
CITY COMMISSION
(Ar-E (NG OF
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death, bodily injury, personal injury protection liens,
Workmens Compensation liens, and hospital liens, claims
and demands against the City of Miami, upon the execution
of a release, releasing the City of ^-iiami from all wrongful
death, bodily injury, personal injury protection liens,
Workmens Compensation liens, claims and demands.
PASSED AND ADOPTED this 26 day of November
1980.
MAURICE A. FERRE
M A Y O R
ATTEST:
': 77:
C Y c L8 RK
PREPARED; T- D: APPROVED BY:
STEVEN A. EDELSTEIN
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM ANP CORRECTNESS:
C
GEORAC F. KNOX, JR.
CITY ATTORNEY
W24W
D10 t U '101 E Iry I-S
80-868
Alh,.* e " " k y is
Honorable Members of November 20, 1980
the City Commissio Settlement of claim of J. Tillman
Pearson, individually and as per-
sonal representative of the Es-
tate of I. T. Pearson, deceased.
Geoe F. Knox, Jr. D/I: November 30, 1979
City Attorney P/I: East side of Biscayne
Blvd. just north of
_... -_ ___ -- --_ -- - ------------____--- ----------------___.- 3225 Biscayne Blvd.,
Miami, Florida
This wrongful death claim arose out of a sequence of
events that began with an initial incident which occurred
when Dr. I. T. Pearson, a 92 year -old physician, was walk-
ing on Biscayne Boulevard and was struck by a falling palm
frond. Dr Pearson suffered a fracture of his left humerus
for which he was hospitalized. While being treated for the
fracture of his left humerus, Dr. Pearson fell and fractured
his left hip. He was hospitalized for the fractured hip,
and subsequently succumbed due to a pulmonary embolism on
December 14, 1979. The palm tree in question was owned by
the City of Miami and the City was responsible for its
maintainance. Responsibility for the incident apparently
rests with the City of Miami. The wrongful death claim was
filed by the Law Firm of Floyd, Pearson, Stewart, Richman,
Greer & Weil.
Prior to succumbing from his injuries, Dr. Pearson in-
curred total medical expenses of $7,781.72 which includes
two hospitalizations: The first for eight days from November
30, 1979 to December 7, 1979 for the fracture of his humerus;
and the second for seven days from December 8, 1979 to De-
cember 13, 1979 for his fractured blip. Ilis primary treating
physicians were Thomas B. White, M.D., Thomas B. Strozier,
M.D. and William Terheyden, 7I.D.
The reports of the treating physicians of Dr. I. T.
Pearson, and from the Offices of the Dade County Medical
Examiner_ appear to indicate a continuous sequence of events
which are causally connected from the initial fracture of
Dr. Pearson's left humerus on November 30, 1979 and cul-
minating in his death approximately two (2) weeks later on
December 14, 1979.
The medical expenses incurred by Dr. I. T. Pearson have
been verified as to being correct. Plaintiff's original
demand for settlement was in the amount of $25,000.00. This
was subsequently reduced to $15,000.00. After extensive
negotiations and discussions, the matter can be settled for
80 - 8 6 8
N
Hon. Members of the Page two November 20, 1980
City Commission
$12,500.00.
The above claim has been investigated by the City
Attorney's Office in accordance with Ordinance 84-17,
which creates the City of Miami's Self -Insurance Program
and said office recommends that the City of Miami pay
$12,500.00 in settlement of this claim.
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