HomeMy WebLinkAboutR-80-0824AR/WPC
10/27/80
Si TIVE
II-E �1TS
DOCUIV
RESOLUTION NO.
n <1 2) 4
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO GEORGE GOSLINOWSKI,
WITHOUT THE ADMISSION OF LIABILITY, THE
SUM OF $4,500.00 IN FULL AND COMPLETE
SETTLEMENT OF ALL BODILY' INJURIES, PER-
SONAL INJURY PROTECTION LIENS, AND WORK-
MAN'S COMPENSATION LIENS, ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, UPON
EXECUTION OF A RELEASE, RELEASING THE
CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, George Goslinowski, through his attorney,
Charles Baumberger, filed a claim against the City of Miami and
alleged bodily injury, personal injury protection liens, and
workman's compensation liens, resulting from an accident that
occurred on August 16, 1975 at or near Northwest lst Avenue and
17th Street, in the City of Miami, 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 Self -Insurance
Program and said office recommends that this claim be settled
for the sum of $4,500.00;
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 George Goslinowski, without the admission of liability,
the sum of $4,500.00 in full and complete settlement of all bodily
injuries, personal injury protection liens, and workman's compensa-
tion liens, all claims and demands against the City of Miami,
by any parties, upon the execution of a release, releasing the
City of Miami prom all bodily injuries, personal injury protection
liens, workman's compensation liens and all claims and demands.
ITEM
Vi 0 V
0
PASSED AND ADOPTED this— .6thday of NoVEMBRR , 1980.
ATTEST:
Cy
C TY C RK
PREPARED AND APPROVED BY:
1
ROBERT ROSSANO
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
-2-
MAURICE A: FERRE
MAYOR
11SI.1( 1 L RTIVE
t • ` i'A t TS
FG.LQ,�
The Honorable Members of the
City Conu-nission
c c rgc F. Kno.�' Jr.
C y Attorney
October 27, 1980
George Goslinowski v.
F.E.C. Railroad, City of
Miami v. Metropolitan Dade
County
Circuit Court Case #76-29559
DD/�: 9/16/75
P/A: N.W. 1st Ave. & 17th St.
This claim arose from an accident wherein, the plaintiff,
George Goslinowski, drove his vehicle into several F.E.C. Railroad
tracks in an area that appeared to be a railroad crossing.
Apparently, the street lights in the area do not illuminate the
tracks themselves. There have been more than six previous
accidents in that area at that ti;,ie. The F.E.C. erected a bar-
ricade at the end of Sevt2nteenth Stre'st for 4.his accident. How-
ever, it appe—lirs that half of the barricade had fallen. Research
concerning the County's liability for barricades indicates that
they are not considered traffic control dc,%rices and are therefore
a municipal responsibility. The City third partied the County into
this la..suit claiming that they had a responsibility to at least
erect some type of traffic control device indicating the character
of the street.
An additional problem in this case is that the plaintiff's
counsel, Charlesi31-umberger, has discovered that one of the
drivers who %vas previ0USll• injures, in the same area, obtained a
jury verdict against the City in 1970. That information would
have been in this la%•,suit.
The ?)lai.nt.iff is a 73 vear old retired insurance salesman.
He sustainjuir_.• to his log. bac};. He incurred
appro:•;il:;atel,.• :? 000.00 in meth Ca1 His "Medical ex-
penses anu other ltem.z of damage have beeIl verlil 'd. After
extensive S't=t1c :11 IIt. discussion and n(2cotl atlons, 1t has been
deterl;lined that the matter can be settled for $10,000.00. The
City need only contribute S4,500.00 to that settlement.
The above cl.�Iim has been investigated by the City of ,'Miami
attorncy's office and in accordance with Ordinance No. 8417,
which creates the City of :Miami Self Insurance Proclram, the said
office recommends that the City of Miami pay $4,500.00 to
George Goslinowski.
GFK/RR/wpc
80-824