HomeMy WebLinkAboutR-80-0734- -----,•'?�•:1.��.:,..,•.�:u:.,.ri:U�ot�»i�lc�` '�dlu.L41:-_� -
SAE/wpc
9/30/80
RESOLUTION NO. g 0 - 7 3 4
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO BESSIE FORSCHNER, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF TWELVE
THOUSAND FIVE HUNDRED DOLLARS ($12,500.00)
IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY
INJURY, PERSONAL INJURY PROTECTION LIENS,
WORKMENS COMPENSATION LIENS, CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI AND UPON EXECUTION OF
RELEASE, RELEASING THE CITY FROM ALL CLAIMS
r N AND DEMANDS.
DOC
FDLLU`N'r
WHEREAS, BESSIE FORSCHNER, through Marc A. Kuperman,
Esq., her attorney, filed a claim against the CITY OF MIAMI
for bodily injury, personal injury protection liens, Work-
mens Compensation liens, resulting from an accident involving
a City sidewalk on January 22, 1979 on the east side of
Southeast 1st Avenue between Flagler Street and Southeast
1st Street; and
WHEREAS, the above claim has been investigated by the
Torts Division of the City Attorneys Office in accordance
with Ordinance 8417 which creates the City of Miami's Self -In-
surance Program and 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 OF THE
"COCU.-L'�'T .INDEX
CITY OF MIAMI, FLORIDA: rr
ITEM N0,
Section 1. That the Director of Finance is hereby,
authorized to pay to BESSIE FORSCHNER, without the admission
of liability, the sum of Twelve Thousand Five Hundred Dollars
($12,500.00) in full and complete settlement of all bodily
injury, personal injury protection liens, Workmens Compensa-
tion liens, claims and demands against the CITY OF MIAMI
upon the exeuction of a Release, releasing the CITY OF MIAMI
from all bodily injury, personal injury protection liens,
CITY COMMISSION
MEETING OF
0 C T 9 1980
N
i
Workmens Compensation liens, claims and demands.
PASSED AND ADOPTED this 9r.h . day of _ Oc nhpr
1980.
MAURICE A. FERRE
M A Y O R
ATTEST:
,::::
RALP G. NGIE
CITY CLERK
i PR LIPARED) I I D K5PROVED BY :
� '( 16-
STEVEN A. EDELSTEIN
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
-2-
Gtt
80-734
a
23 10 OCT 2 Att
The Honorable Members September 30, 1980
of the City Commission
Bessie Forschner v. City of
Miami
Circuit Court Case # 79-11222(CA-2,
G o ge F. Knox, Jr. D/A: January 22, 197.9
Cit Attorney L/A: East side of Southeast 1st
Avenue bet. Plagler St. & S.I
_....._.._...._. _ ...
This claim arose when the Plaintiff, Bessie Forschner,
tripped and fell on a City sidewalk located on the east side
of Southeast lst Avenue between Plagler Street and Southeast
1st Street on January 22,, 1979. The Plaintiff tripped and
fell over uneven flags in the sidewalk, and responsibility
for the accident rests with the City of Miami. The claim
for injuries suffered by Bessie Forschner was filed through
her Attorney, Marc A. Kuperman, Esq.
As a result of the accident, Bessie Forschner, suffered
medical expenses of $2,724.79. She was hospitalized at
Mercy Hospital from January 22, 1979 through January,30, 1979.
Bessie Forschner's injuries consisted principally of
facial lacerations which required plastic surgery, and a
communited fracture dislocation of the right shoulder.
The fracture of the right shoulder resulted in permanent
severe limitation of motion, and Bessie Forschner's treating
Orthopedic Surgeon, Ronald A. Ripps, M.D., has assigned a
50% permanent partial disability to the right shoulder and
a 30 permanent partial disability to her body as a whole.,
A Court -appointed examination was performed by E. w.
Cullipher, M.D., who also emphasized the severity of the
right shoulder injury. Dr. Cullipher assigned a 35% per-
manent partial disability to Bessie Forschner's right
shoulder and a M permanent partial disability to her
body as a whole resulting from this injury.
The medical expenses incurred by Bessie Forschner
have been verified as to being correct. [for last demand
for settlement was in the amount of $25,000.00, however,
this figure has been reduced significantly through ex-
tensive negotiations and the matter can be settled fort
$120500.00. SI IPP()0"rII Ir-
MDCUNIENTS
80-734
--- .__ a.;Pve:f—...:naSidMid{iP'hF.1.fiPili`aT': i!?:'•'f)1L',P.:'-«._
i,,.+•t, /fit.,.
Hon. Members of the -2- September 300 1980
City Commission
i` The above claim has been investigated by the City
Attorney's office in accordance with Ordinance 8417 which
creates the City of Miami Self -Insurance Program and the
said Office recommends that the City pay $1,2,500.00 in
settlement of this claim.
GFK/SAE/wpc
,.Enclosure (Resolution)
z
80-734