HomeMy WebLinkAboutR-80-0350/q
RR/Wpc
4/28/80
"SUPPORTIVE
GCL p�,
FOLLOW??
LOW„
RESOLUTION NO. 8 0 J 5 0
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY ROSE FRANK, WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF $26,000.00 IN FULL AND COMPLETE SETTLE-
MENT OF ALL CLAIMS AS AN INDIVIDUAL AND ON BEHALF
OF THE ESTATE OF JULIUS FRANK, AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECU-
TION OF A RELEASE, RELEASING THE CITY OF MIAMI
OF ALL CLAIMS AND DEMANDS.
WHEREAS, ROSE FRANK, through her Attorney, Jack Headley, filed a
claim against the City of Miami and alleged pain and suffering and loss
of support for the death of her husband, JULIUS FRANK, resulting from an
accident that occurred on September 2, 1978, at or near Northeast 14th
Street and Bayshore Drive, in the City of Miami, Florida; and
WHEREAS, the above claim has been investigated by the Torts Division
of the City Attorney's Office, as well as the Police Department for the
City of Miami in accordance with Ordinance #8417 which creates the City
of Miami Self -Insurance Program, and said Office recommends this claim
be settled for the sum of $26,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
"DOCUMENT INDEX
MIAMI, FLORIDA: �
ITEM NO.i�-' "
Section 1. That the Director of Finance is hereby authorized to
pay to ROSE FRANK, without the admission of liability, the sum of $26,000.00
in full and complete settlement of all claims and demands against the
City of Miami, upon the execution of a release, releasing the City of
Miami from all individual and estate claims, liens and demands.
PASSED AND ADOPTED this 8TH day of MAY ,
1980.
ST:
RALPH G. ONGIE
CITY CLERK
MAURICE A. FERRE
M A Y O R
CITY COMMISSION
MEETING OF
MAY 3 1980
EMMON Nog.. ` 3 5
J Honorable Members of �tr April 25, 1980 L-79-028 &
the City Commipgfan_. VC-78-101
\' Rose Frank v. City of Miami, et al.
Circuit Court Case No. 79-4562 (04)
4Georg. Knox, Jr. D/A: 9/2/78
orney `'��� '"' P/A: Northeast 14th Street &
Bay sho re_Dr ive Mi,ami..__Ela . __..
This claim arose from an accident wherein Julius Frank tripped and
fell in a hole 29 1/2" X 19 1/2" and 1 1/2" deep at Northeast 14th
Street just west of Bayshore Drive, Miami, Florida. The ownership and
condition of the sidewalk has been verified and the responsibility rests
with the City of Miami.
As a result of the accident, .Julius Frank died. He was crushed by the
rear wheel of a bus. A claim was filed by his wife, Rose Frank, for her
pain and suffering from watching his death, and for loss of support.
A claim was made by the Plaintiff against both the City of Miami
and Bus Bench Company. Bus Bench Company had previously entered into a
contract with the City of Miami which expired before this accident occurred
for the location of bus benches in the City limits. The City then filed
a Third Party Complaint against Metropolitan Dade County. The liability
of the Co -Defendants was tenuous, because sidewalk maintained is a non -
delegable duty.
The trial for this lawsuit began on April 22, 1980. A copy of the
Trial Summary is attached. During the course of the trial, Judge Herbert
Klein strongly recommended that the Plaintiff accept the Defendant's
offer. The City of Miami agreed to contribute $26,000.00 to the settlement
of this claim. The Co -Defendants contributed an additional $10,500.00.
The above claim has been investigated by the City of Miami Attorneys
Office and in accordance with Ordinance '8417, which creates the City of
Miami's Self Insurance Program, considering Judge Kleins advice, this
office recommends that the City of Miami pay $26,000.00 to Rose Frank.
GFK/RR/wpc
Enclosure
"SUPPORTIVE
DOCUMENTS
FOLLOW"
80-350
PREPARED AND APPROVED BYs
ROBERT ROSSANO
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEO GE F. KNOX, JR. \
CI ATTORNEY
Ito
T i^
Fi {
V
80-350