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Home My WebLink AboutR-80-0696i 0or" RR/wpc 9/12/80 RESOLUTION NO.Q_,. 6 Q6 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO GEORGE D. SMITH AND DORIS W. SMITH, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF TEN THOUSAND DOLLARS ($10,000.00) IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, AND WORKMEN'S COMPENSATION LIENS, ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON ,;� + �t"� �'"; ^?'•� r �— EXECUTION OF A RELEASE, RELEASING THE CITY OF LJ `•,.` F MIAMI FROM ALL CLAIMS AND DEMANDS. _ LUVIV WHEREAS, George D. Smith and Doris W. Smith, through their attorney, P. J. Carroll, filed a claim against the City of Miami and alleged bodily injury, personal injury Protection liens and workmen's compensation liens, resulting from an accident that occurred on March 30, 1977, at or near N.W. 36th Street and Sheridan Drive, in the City of Hiami, Florida; and WHEREAS, the 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 Ten Thousand Dollars ($10,000.00); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: "DOCUMENT INDEX ITCM NO /- Section 1. That the Director of Finance is"}ire-iy authorized to pay to Geoge D. Smith, Doris W. Smith and P. J. Carroll, without the admission of liability, the sum of Ten Thousand Dollars ($10,000.00) in full and complete settlement of all bodily injury, personal injury protection liens, and workmen's compensations liens, all claims and demands against the City of Miami by any parties, upon the execution of a Release releasing the City of Miami from all CITY COMMISSION MEETING OF SEP251980 our N IA 8 0 - 6 6 r". pr-fl bodily injury, personal injury protection liens, workmen's compensation liens, all claims and demands. PASSED AND ADOPTED this 25 day of SEPTEMBER 1980. MAURICE A. FERRE MAYOR EST: 3O2 CITY CLERK 61 R ARE — ND APPROVED BY: ROBERT ROSSANO ASSISTANT CITY ATTORNEY APPOO—VED AS f0 FORM AND CORRECTNESS: GEOR F. KNOX, J�. CITY TTORNEYI /J 0 7. eJ 80-696 I .li ^YAk ,;IfY OV t.IIA,111. Irt_010D1 ° The Honorable Members of September 12, 1980 The City Commission \ George D. Smith & Doris W. Smith v. City of Miami Circuit Court No. 79-1450 (05) :,, •., ,. Our File: L-79-008 Geor, a F. Knox Jr. D/A: 3/30/77 City Atto�ne. P/A: NW 36th St. & Sheridan Ave. This claim arose from an accident which occurred on March 30, 1977. The Plaintiff, George D. Smith, was walking in a crosswalk pursuant to a pedestrian signal when he was struck by a City garbage truck. Witnesses verified the Plain- tiff's version of this accident. Our driver, Willie Seabrook, states that the brakes on the truck failed. The Plaintiff injured his left arm and shoulder. His treating doctor, G. T. Samartino, gave him a five percent (5%) permanent disability to his body as a whole. The Plain- tiff also mildly injured his left rib cage. The Plaintiff has had a history of psychiatric problems. Fie is currently one hundred percent (100%) psychologically disabled. His phychiatrist, Dr. Pinowski, has determined that five percent (5%) of his current psychiatric disability is attributable to this accident. The Plaintiff also has a long history of cardiac problems. fie underwent a coronary artery bypass on October 15, 1976. That operation was successful and he re- turned to work later that year. His coronary problems have become progressively worse since this accident. Plaintiff's medical expenses are difficult to calculate since his medical problems began long before the date of his accident. He is still being treated for his psychiatric and coronary problems. The above claim has been investigated by the City of Miami Attorney's Office and in accordance with ordinance No. 8417, which creates the City of riiami Self -Insurance Program, and said Office recommends that the City of Miami pay $10,000.00 to settle this claim. c; GFK/RR/wpc rn D0C IJoPk AEN T S FOLLOW _ cis ,. , 80-696 .1E L:i Aid:) COU,N'TY, 79-11,50 (0 5) Gl"ORGE D. SMETH DORIS SMITH, etc. , VS. THE CITY OF XIIAMI, etc., D,tf,2ncL.nt;.-;, IT 1`1 by alld 1"t2twou'll Cho I the wl.thin cause of action lUts buon, ai:dcably sctticdl tho PACL11.0-i clllcj 041t tl-l-;S C;ALLSO he horowit.11 idth projudico" the merit: -., IdUln cz('11 Dart!:to bear h.Ls, hurt;, or ics 0%":t day of - C — L9 8.)— GEORGE V. Ki"lox, cj.v, Attorney ROBERT Asst. City Attorney Gro,.-o 174 E. -Flagler Streut Su. Miami, ?'Lerida 3 3 13: 1 579-6700 M in ra.i , I o V, da 3313.3 At�a'rnoys fc�v-,Ci.t-y of 'Uaml \V ils u p ano Rol) o r t Ros- Assi.srant City -'�tt0rllL".' ORTIVE DOCUMENTS FOLLOW. Comm or, LO 1)(2 hUill'd L111011, S t ipu latlan.Intl the partius, and rlt,:! Court Fully zitivLsod til t'.IQ pvund;w.;, it Is, howcwLth, ORli"ERE*i, 1,%i:!) ADJUDGE. 1) : ,mat the wi.LhLn cause Of aeLlou he and th,, ,mma Lr; 1jurowIL!, dis.- l!dF-SW.1 WiAh all oil LhJl !llUVLtH, tO hear IlLs, ar LL's challiber!, at Dade Count:", Llh'!,; day of 19 CopLus to aill counsol o," record. lq f) - 6 96 RELEASE OF ALL CLAIMS (husband and Wife) THIS INDENTURE: WITNESSETH that I, Doris W. Smith , the wife of George D. Smith , , State of Florida , and I, c,corre D. Smt.th I her said husband, for and in consideration of the sum of Tcu ThnuSnnd _ dollars ($ 10.000,()Q_) to said husband in hand paid by rit" nr ntt•,m-t the receipt whereof is hereby jointly and severally acknowledged, do hereby for ourselves and each of its and for our heirs, executors, administrators, personal representatives, and nsstgni, release and forever discharge ctf-v or ttt:,c„i and any other person, partnership, firm or corporation charged or chargeable with responsibility or livability, their heirs, executors, administrators, associates, representatives, successors, and assigns, from any and all claims, demands, damages, costs, expenses, loss of services, ..actions and causes of actions arising from any act or occurrence, up to the present time, and particularly on account of all. personal injury, disability, property damage, loss of services and loss or damages of any kind sustained or that we or either of us hereafter may sustain to consequence of an accident that on or about the 30 lay of M,irr►, , 19_2Z9 at or near Marl.11wertt Street & Sheridan brivo,, MU-1. l-t-1412 • To procure payment of the said sum, we and each of its hereby declare; that we and each of us are more than 18 years of age; that no representations about the nature and extent of said injuries, disabilities or damages made by any physician, attorney or agent of any party hereby released, nor any representations regarding the nature and extent of legal liability or financial responsibility of any of the parties released, have induced us to make this settlement; that in determining said sum there has been taken into consideration not only the ascertained injuries, disabilities, and damaages, but also the possibility that the injuries sustained may he permanent and progressive and recovery therefrom uncertain and indefinite, so that consequences not now anticipated may result from the said accident. We and each of us understand that the parties hereby released admit no liability of any sort by reason of said accident and that said payments and settlements to compromise are made to terminate further controversy respecting all claims for damages that we have heretofore asserted or that we or our personal representatives might hereafter assert because of said accident. We and each of us, further understand that such liability as we, and each of us, may or shall have incurred, directly or indirectly, in connection with or for damages arising out of the accident to each person or organization released and discharged of liability herein, and to any other person or organization, is expressly reserved to each of them, such liability not being waived, agreed upon, discharged nor settled by this release. In consideration of the aforesaid sum, it is agreed to .indemnify and save harmless the above -named parties and they are hereby released of, and from any claims and all liens including those that are under the Florida Reparations Act or subrogation claims arising out of the aforesaid incident. SIGNED AND SEALED this loth day of September , 19 80 (CAUTION -READ BEFORE SIGNING) (SEAL.) (SEAL) STATE, 01 FLORIDA ) COUNTY OF DADE )SS On this jMay of Sept. 19 80 before me personally appeared DORIS W. SMITH & GRORGE D. SMITH to me known to be the person who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. My commission expires NOTARY PURLiC STATE OF fLOAMA st tAM �n coa'aiISS10% (YPIP-, MUCH .,v, 134 YONDED THHU MAYNARD Uot101NU AG&%GY �MJIFJILP'1414 HBO