HomeMy WebLinkAboutR-80-0695RESOLUTION NO. R O - 6 9 5
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO BETTY VON SEGGERN WITHOUT THE ADMISSION
OF LIABILITY THE SUM OF $9,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL
INJURY PROTECTION LIENS, WORKMENS COMPENSATION
LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI
<< ' 9<";t";tf �S 1""""� / AND JOHN D. BARRETT, AND UPON EXECUTION OF A RE-
v� C LEASE, RELEASING THE CITY FROM ALL CLAIMS AND DE-
V L� l.✓ �..� f�v'I ; i... ��'� �".� MANDS .
FOLLOW"
WHEREAS, BETTY VON SEGGERN, filed a claim against the
CITY OF MIAMI and JOHN D. BARRETT, for alleged bodily in-
jury, personal injury protection liens, workmens compensation
liens, resulting from an accident involving a City owned
vehicle on October 11, 1978 at the intersection of S.W. 24th
Avenue and 27th Street, 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 #8417, which creates the City of Miami's
Self -Insurance Program, and said Office recommends that
this claim be settled for the sum of Nine 'Thousand and
00/100 ($9,000.00) dollars;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION41QFDCUMENT NDLX
THE CITY OF MIAMI, FLORIDA: IT E M NO. (
Section 1. That the Director of Finance is hereby
authorized to pay to BETTY VON SEGGERN the sum of Nine
Thousand and 00/100 ($9,000.00) dollars in full and com-
plete settlement of all bodily injury, -personal injury
protections liens and workmens compensation liens,
claims and demands against the CITY OF MIAMI and JOHN
D. BARRETT, upon execution of a release, releasing the
CITY OF MIA14I and JOHN D. BARRETT from all bodily injury,
personal injury protection liens and workmens compensation
liens, claims and demands.
CITY COMMISSION
MEETING OF
E P ? 5 1980
AEWLUIWN N0. 8 _
AEWM .............................
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PASSED AND ADOPTED this 25 day of
1980.
Pre ared and Approved by:
Steven A. Edelste n
Assistant City Attorney
Approved As to form and Correctness:
City'
SEPTEMBER
MAURICE A. F'ERRE
M A Y O R
-2-
4
F0 L. L 0' u'tl � p
80-695
SCP 3 AN 11: 2 q
Honorable Members of
the City Commission
Ge r e F. Knox, Jr.
City ttorney
August 22, 1980
Betty Von Seggern, Plaintiff v.
City of Miami, a municipal corpora-
tion and John D,. Barrett, Defendant
..Circuit Court Case # 77-7747 (CA 0S
D/A: 10/11/78
.'.L/A: S.W. 24th Ave. & 27th.
____Street -,._Miami, . _Florida
This claim arose when the Plaintiff, Betty Von Seggern,
was involved in an automobile accident on October 11, 1978
at or near the intersection of Southwest 24th Avenue and
Southwest 27th Street, Miami, Dade County, Florida. The
accident occurred when Officer John D. Barrett, City of
Miami Police Department, went through a stop sign and struck
the Plaintiff's vehicle. The ownership and operation of a
City of Miami vehicle is directly involved and the responsi-
bility for the accident: rests with the City of Miami. A
claim for injuries suffered by Bet-trr Von Seggern was filed
through her Attorney, William F. Sullivan, TV, Esq.
As a result of the acciden+-, Betty Von Seggern suffered
medical expenses of $863.57, loss of income in the amount of
$123.53 and property damage in the amount of $585.68. Betty
Von Seggern suffered an acute cervical neck ligamentis
sprain and strain, a thoracic spine sprain and strain,
posterior occipital neuralgia, and anxiety and depressive
reactions. Her primary treating physician, Jerome A. Kramer,
M.D., assigned a 20% to 25% permanent partial disability to
Betty Von Seggern resulting from her neck and head injuries.
A Court -appointed examination was performed by Christian
Keedy, M.D. which indicated that Betty Von Seggern had suffered
a sprain of the cervical spine superimposed upon a pre-
existing discogenic disease at the C6-7 Level. Further exam-
ination by Dr. Keedy concluded that there was a likely herniation
of the C6-7 disc into the superior surface of the C7 vertebral
body. Dr. Keedy has not assigned any permanency rating for
Betty Von Seggern, but it is to be anticipated that such a
disability rating would be equal to that of the primary
treating physician, Dr. Kramer.
The medical expenses, the loss of income, and other
items of damage have been verified as to being correct.
Plaintiff's original demand for settlement was in the amount
of. $25,000.00, which was subsequently reduced to $17#500.00.
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FC.)I....LOW" 80-695
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Hon. Members of -2- August 22, 1980
the City Commission
After extensive negotiations, it has been determined that
the matter can be settled for $9,000.00.
The claim has been investigated by the City Attorney's
Office in accordance with Ordinance 8417, which creates the
City of Miami's Self -Insurance Program and the said office
recommends that the City of Miami pay $9,000.00 in settle-
ment of this claim.
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Enclosure (Reso ution)
80-695