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HomeMy WebLinkAboutR-80-0054RESOLUTION NO. • 8 0 5 4 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO VIOLETTA CI-IAVIANO, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $8,000.00 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 D OU M "‘".. RELEASING THE CITY OF CEN 1 1.EXECUTION OF A RELEASE, MIAMI FROM ALL CLAIMS AND DEMANDS. ift FOLLOW WHEREAS, Violetta Chaviano, through herr attorney,amaalleged R. Alva filed a claim against the City, of k.1 i and ws Alvarez, bodilyinjury, personal injury protection liens and workme compensation liens, resulting from an accident on 16, 1978,. . anSd.W. 4 that occurredt January, at or near l''th d by tbc'etree in the City of Pliami, Florida, . and 3rd 0 Avenue WHEREAS, the above claim has been investigated . h Torts Division of the City AttorneY's Office.o„in. aicicordaPce.wit Ordinance 8417 which creates the City f i'llar 's self-insurance Program, and said Office recommends this claim be settled for the sum of $8,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISST04,0g TIIE "DOCUIVIENT IriUEA CITY OF MIAMI, FLORIDA: 0 ITEM Section 1. That the Director o Finance is hereby author- c172.13 /1 ized to pay to Violetta Chaviano, without the admission of liability, the sum of $8,000.00 in full and complet.e settlement of all bodily injury, personal injury protection liens, and workmen's compensation liens, all claims and demands against the City of Miami, upon the execution of a release, releasing the City of Ivliami from all bodily injury, personal injury protection liens, workmen's compensation liens, all claims and demands. PASSED AND ADOPTED this 24 day of JANUARY , 1980. MAURICE A. FERRE TEST: CITY CLERK MAYOR CITY COMMISSION MEETING OF JAN2 4 1930 RESOLUTIUN NO." 5 4 MARKS: REPARED _AND APPROVED BY:' STEVEN A. EDELSTEIN Assistant City Attorney G3RGE`F. KNOX, JR. :-:City Attorney 2 80-54 as F. ' nv: ttorney "••1r iflt:f:7Afs!DUiv4 Violetta Chaviano vs City of Miami Circuit Court #79-12124 (CA-23) Date of Accident: 1/16/78 place of Accident. S.W. 12 Avenue and Third Street, Miami, Florida This... claim arose from an accident wherein Violetta Chaviano tripped andeefell P4iama,a rased sidewalk:flag at, S.W. l2th Avenue and Third a orida. The ownership and condition of thesidewalk had been verified and- the responsibility rests with the .City ;.of:`Miami. As a result. of the accident, Violetta ,`.Chaviano : suffered ,medical ,expenses of $4,356.26:' She suffered a broken nose resulting:in an external nasal deformity and airway obstruction', facial lacerations' and: a.periorbital hematoma. She was hospitalized`; for 8'days at International Hospital. The medical expenses include costs ` for 'extensive plastic and recon- structive surgerygincluding a `sub -mucus q resection of: the nasal septum (surgicalremoval .of the nasal septum), reconstructive rhinoplasty (plastic surgery of the nose), and cauterization of turbinates (nasal bone) Medical expenses and other items of damage > have - been verified as to being correct. After, extensive settlement. discussions and negotiations, ithas been determined that the matter .can be settled for. .$8, 000.,. 00 . The above claim has-been 'investigated by the City of Miami Attorneys Office'° and .in accordance w,i.tlOrdinance' No 8417,. which creates ,the .City of Miami' s self insurance; program,; and said Office recorunends that :the City of. Miami.pay`$.8.,00.0..00 to:.Violetta Chaviano-