HomeMy WebLinkAboutR-79-0665t: 71) . citio
RESOLUTION NO:
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO ISRAEL GONZALEZ AND MARIE GONZALEZ,
INDIVIDUALLY AND AS THE PARENTS, NATURAL GUARDIANS,
AND NEXT FRIENDS OF DIONNE GONZALEZ, THE SUM OF
$8,685.10, IN FULL AND COMPLETE SETTLEMENT OF ALL
BODILY INJURY, PERSONAL INJURY PROTECTION LIENS,
AND WORKMENS COMPENSATION LIENS, ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND WILLIAM
VELEZ, FROM ALL CLAIMS AND DEMANDS.
WHEREAS, ISRAEL GONZALEZ and MARIE GONZALEZ, his wife, individually
and as the parents and natural guardians of DIONNE GONZALEZ, a minor,
have filed a claim against the CITY OF MIAMI and its employee, WILLIAM
VELEZ, for alleged bodily injury, personal injury protection liens, and
workmens compensation liens, resulting from an accident involving a City
owned vehicle on August 30, 1977 at Northwest 41st Street, approximately
100' west of Northwest 1st Avenue, at or near 140 N.W. 41st 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 Self -Insurance Program and said Office recommends
that this claim be settled for the total sum of $8,685.10;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
FLORIDA:
Section 1. That the Director of Finance is hereby authorized to
pay to ISRAEL GONZALEZ and MARIE GONZALEZ, his wife, individually and as
the parents, natural guardians and next friends of DIONE GONZALEZ, a
minor, without the admission of liability, the sum of $8,685.10, in full
and complete settlement of all bodily injury, personal injury protection
liens, and workmens compensation liens, all claims and demands against
the CITY OF MIAMI and its employee, WILLIAM VELEZ, upon the execution of
a release, releasing the CITY OF MIAMI and WILLIAM VELEZ, from all
bodily injury, personal injury liens and workmens comPensationdsluiedttimrNT
%Id a., .• I
all claims and demands.
PASSED AND ADOPTED this 27th
1979. "SUP
ATTES
421;seye)
RALPH G ONGIE
CITY CLE
FQ
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.14 S MAYOR
11,
IT 11 0 ......
day of September
Maurice A. Ferre
EX
art COMMISSION '
MEETING OF
SEP 2 7 1979
'ilt79•665
PREPARED AND APPROVED BY:
STEVEN A. EDELSTEIN
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE £ KNOX, JR.,
CITY Ai i NEY
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'79.665
413
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The Honorable Members
of ty Commssion
CITY C.17. 73IAt.4l. rt.Ci'.1DA
1N l-oFF!CrMO , LJUM
n'''' September 17, 1979
,LUJECT,Israel Gonzalez and Marie Gonzalez,
his wife, et al., v. City. of Miami, etc.
Circuit Court Case 4/'78-7345 (CA 05)
D/A: August 30, 1977
PEF[RENCCS:
P/A: N.W. 41st St.,.approx. 100' west of
;fLO,,W,,,_S: N.W. 1st Ave., at or near 140 N.W.
41st St., Miami, Florida
This claim arose from an automobile accident on August 30, 1977 on
Northwest 41st Street at approximately 100' west of Northwest1stAvenue,
Miami, Dade County, Florida. The plaintiff's motor vehicle was parked
on the side of the road when a City of Miami garbage truck backed into
it. The ownership and operation of the City of Miami vehicle was directly
involved and the responsibility for the accident rests with the City of
Miami. The claim for injuries suffered by, the plaintiffs, Israel Gonzalez
and his daughter, Dionne Gonzalez, together with a derivative claim "by
Marie Gonzalez as the wife of Israel: Gonzalez and the mother of Dionne
Gonzalez, were filed through their Attorney, Joseph A. Ferrara, Esq.
As a result of the accident, Israel Gonzalez incurred medical
expenses in the amount of $2,189.80. He suffered head injuries and 'a
cervical, dorsal and lumbo-sacral spine sprain and strain. He was hos
pitalized at International Hospital for five (5) days as an inpatient,
where he continued to be treated by several physicians, including Sheldon
B. Meyerson, M.D., Pedro Musa-Ris, M.D., Federico E. Marrero, M.D. and
Vaughn D. Cohan, M.D. The treatments included the completion of electro-
encephlograms, brain tomograms and EMI scan. The EMI scan resulted in a
conclusion consistent with a mild ventricular dilation. The primary
treating physician Pedro Musa-Ris provided a minimal permanency rating
for the injuries sustained by Israel Gonzalez. As a result of the
accident, the minor plaintiff, Dionne Gonzalez, suffered medical expenses
of $830.00 as a result a five (5) day hospitalization as an in -patient
at International Hospital. There was no permanency rating assigned to
her during that period of time.
The accident also
of $685.10.
total amount
The medical expenses, property damage and other damages, have been
verified as being correct. The case was investigated initially by the Legal
Investigator for the City Attorney's Office and various discovery was instituted
after suit was filed. Negotiations regarding settlement were extensive with
the Plaintiffs initially requesting a settlement figure in an amountequal to the
limitations set under Section 768.28, Florida Statutes (1977). 0n the eve of trial,
the Plaintiffs have advised that the case can be settled for $6,500.00 on the
claim of Israel Gonzalez; $1,500.00 on the claim of Dionne Gonzalez, and an
additional $685.10 for the property damage. The total settlement figure would
amount to $8,685.10.
CITY-CLERK-
Page two Septefnber 17, . 1979
The Hon. Members of the Commission
The above claim has been investigated by the:City Attorneys""Office;
and in accordance. with Ordinance ##8417,'which creates"the City
Self-Insurance Program and the said Office recommends that the City of:
Miami pay $8,685.10 in settlement of this claim..
GFK:
Enclosure (Resolution)
USU 1 ?C TPV r
�7
DOCUMENTS
FOLLOW"
•79-665
C TTY "CLERK
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