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Home My WebLink AboutR-80-0014"c l ! \! FOLLOW" RESOLUTION NO. 8 0 1 4 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CARLOS M. TORRES, AS PERSONAL REPRE- SENTATIVE OF THE ESTATE OF CARLOS B. TORRES, DECEASED, AND MARIA TORRES, AS WIDOW OF CARLOS B. TORRES, DECEASED, THE SUM OF $15,000.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY IN- JURY, PERSONAL INJURY PROTECTION LIENS, WORK- MENS COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND JAMES LLOYD MABRY, AND UPON EXECUTION OF RELEASE, RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. WHEREAS, Carlos M. Torres, as personal representative of the Estate of Carlos B. Torres, deceased, and Maria Torres, as widow of Carlos B. Torres, deceased, through their attorneys Lucaccioni, Glickstein & Baum, filed a claim against the CITY OF MIAMI and JAMES LLOYD MABRY, for alleged bodily injury, personal injury protection liens, workmens compensation liens, resulting from an accident involving a City -owned vehicle on November 6, 1975, on Northwest 27th Avenue at approximately 150' south of Northwest 20th Street, Miami, Dade County, Florida; and WHEREAS, the above claim has been investigated by the Torts Division of the City Attorney's Office and in accordance with Ordinance No. 8417, which creats the City of Miami Self -Insurance Program, and said office recommends that these claims be settled for the sum of Fifteen Thousand ($15,000.00) dollars respectively NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the Director of Finance iIThEMbNOu or pay to Carlos M. Torres, as personal representative of the Estate of "DOCUMENT INDEX I Carlos B. Torres, deceased, and Maria Torres, as widow of Carlos B. Torres, deceased, without the admission of liability, the sum of Fifteen Thousand ($15,000.00) dollars, in full and complete settlement of all bodily injury, personal injury protection liens, and workmens compensation liens, claims and demands against the CITY OF MIAMI and JAMES LLOYD MABRY, and upon execution of a release, releasing the CITY OF MIAMI from all bodily injury, personal injury protection liens, workmens compensation CITY COMMISSION MEETING OF JAN101980 RESoWT10Nnum and demands. PASSED AND ADOPTED this 10 day of JANUARY + 1980 ATTEST: STEVEN A. EDELSTEIN ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GE F. KNOX, ATTORNEY MAURICE A. FERRE MAYOR "S��,��l� D? it I i 1 .w. {4' FO L.10" 80-14 The Honorable Members. of the City Commission G or• F. Knox, City ttorney December 11, 1979 Settlement of Carlos M. Torres as personal representative of the Estate of Carlos B. Torres, deceased, and MARIA TORRES, as widow of Carlos B. Torres, deceased. D/A: November 6, 1975 L/A: Northwest 27th Ave. at approx. ---.150!=South of41-.4444,O0--.- Miami, Dade County, Florida Plaintiffs, Carlos M. Torres, as personal representative of the Estate of Carlos B. Torres, deceased, and Maria Torres, as widow of Carlos B. Torres, deceased, filed a claim against the City of Miami through their attorneys, Lucaccioni, Glickstein & Baum, for injuries received by Carlos B. Torres prior to his death. An additional claim was brought by Maria Torres, as the widow of Carlos B. Torres for loss of services and consortium. The accident occurred on November 6, 1975 on Northwest 27th Avenue at approximately 150' south of Northwest 2Oth Street, when a garbage truck owned by the City of Miami, and operated by its employees, struck the rear end of the vehicle which was owned and operated by Carlos B. Torres. At the time of the impact the Torres vehicle was stopped for a traffic signal. Liability and responsibility rests with the City of Miami. As a result of the accident, Carlos B. Torres received extensive injuries and necessitated numerous hospitalizations. The first hospital- ization was at Faith Springs General Hospital from November 6, 1975 through November 17, 1975, when Carlos B. Torres received treatment immediately. following the accident. Torres was hospitalized a second time at Palm Springs General Hospital from January 27, 1976 through January 29, 1976, when it was determined that he had suffered either compression fractures of the vertebrae at the Tll and T12 levels; or that such fractures pre-existed the accident and were exacerbated by it. On April 12, 1976, Carlos B. Torres traveled to Duke University Medical Center in Durham, North Carolina, where he underwent extensive testing, including:a myelogram. It was found thatr4fie had suffered a herneated disc at the T12-L1 level. As a consequence, a c-, thorocotomy operation was performed for removal of that disc. There was extensive rehabilitation following this operation. Carlos B. Torres was last seen at Duke University at the end of June, 1976. In July and August, 1976, Carlos B. Torres was hospitalized on three' occasions at American Hospital. During these hospitalizations it was con- firmed that Carlos B. Torres had carcinoma (cancer) of the pancreas. ThI disease is incurable and Carlos B. Torres died in December, 1977. Ln PPkr.. 80-14 The Hon. Members of the City Commission Page two December 11, 1979 Carlos B. Torres' total medical expenses that can be attributed to the accident amount to.$15,532.90. This includes the initial` hospital- ization at Palm Springs General Hospital for eleven (11) days, the second hospitalization at Palm Springs General Hospital for three (3) days; and the hospitalization at Duke University Medical Center for twenty-four The three (3) hospitalizations for one (1) day, for'eight (8):days and for twenty-three (23) days respectively at American Hospital which resulted in the final determination of the existence of carcinoma of the pancreas, are not included in the $15,532.90 medical expense figure. In addition,: Carlos B. Torres lost extensive time from work over an eight (8) month period of time. He was earning approximately $45,000.00 during this period of time. All medical expenses and other damages have been verified as to correctness. The original demand that plaintiff presented was in excess of the limitations contained:in Section 768.28 of Florida Statutes (1.977). The matter had been reserved under the City's Self -Insurance Program at $40,000.00. After extensive discussions and negotations, it has been determined that the matter can be settled for $15,000.00. The above claim has been investigated.by the City Attorney's Office and in accordance with Ordinance 8417, which creates the City of Miami Self -Insurance Program and said office recommends that: the City of Miami pay $15,000.00 in settlement of this claim. GFh• SAE:wpc Enclosures (Resolution)