HomeMy WebLinkAboutR-79-0666RESOLUTION NP 7 6 6 6
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO GENEVA DANIELS, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $16,000.00; TO MINNIE JACKSON,
WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF
$4,000.00; AND TO GENEVA DANIELS AS THE NATURAL
GUARDIAN AND NEXT FRIEND OF EARL HODGES, A MINOR,
THE SUM OF $1,000.00, IN FULL AND COMPLETE SETTLE-
MENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION
LIENS, AND WORKMENS COMPENSATION LIENS, ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI AND ITS EMPLOYEE,
FRANKLIN CHRISTMAS, AND UPON EXECUTION OF A RELEASE,
RELEASING THE CITY OF MIAMI AND ITS EMPLOYEE, FRANKLIN
CHRISTMAS, FROM ALL CLAIMS AND DEMANDS.
WHEREAS, GENEVA DANIELS, individually and as the natural guradian
and next friend of EARL HODGES and MINNIE JACKSON, through their. Attorney,
Mitchell D. Aronson, Esq., have filed a claim against the CITY OF`MIAM
for alleged bodily:: injury, personal injury protection liens and `workmens.
compensation liens, resulting from an accident involving a City owned:
vehicle on,October ;4,.1976 at or near the intersection of Northwest 12th
56th Street, in'the City of Miami; and'
Avenue 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
that
GENE
the City of Miami Self -Insurance Program and said, Office
recommends,`
this claim be settled for the sum of $16,000.00 to the Plaintiff,
VA DANIELS, $4,000.00 to the Plaintiff, MINNIE JACKSON an
to the Plaintiff, GENEVA DANIELS as natural,,guardian and
EARL HODGES, .a. minor*
;
NOW, THEREFORE,
MIAMI, FLORIDA:
to
BE IT
000.0
next friend- of
RESOLVED BY THECOMMISSION OF. THE CITY OF
Section-l. That the Director
GENEVA DANIELS, without the
MINNIE JACKSON, without the admission o
"DOCUMEc;
of Finance is hereby authorized
ITEto M payNO.
admission of liability, the sum of $16,000.00;
liability,; the sum of $4,000.00;
and to GENEVA DANIELS as natural guardian and next friend of EARL HODGES,
sum of $1,000.00, in full andcomplete settlement ofall bodily injury,
the
personal injury Protection liens, and.: workmens compensation liens,
and demands against the. CITY OF MIAMI and its employee, FRANKLIN CHRISTMAS,
uponthe execution
of a release, releasing -the CITY OF
all claims
MIAMI and FRANKLIN
CHRISTMAS, from all bodily injury, personal injury protection liens, work-
mens compensation liens, all claims and demands.
PASSED AND ADOPTED this 27th day ofSe • tember
ez-e/et.
RALPH ONGIE
t•"r'
AYOR
cnv COMMISSION S.
MEETING OF
SEP 2 7 1979
sauna' to.
7 9- 6 6 6
CITY CLERK
PREPARED AND APPROVED BY:.
STEVEN A. EDELSTEIN
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS
GEOR
CITY
1,'79-666
• re or ”IANit,
The HOnorable:Members
of he City ComMiSsion,.
DATE::
'
September 17, 1979
,
suuJEcT: Geneva Daniels, individually :and as
natural guardian of Earl Hodges, a
minor and Minnie Jackson
Circuit Court Case Nos. 78-8893 (CA 24),
RETERENCE:9:
78-8894 (CA 24) and 78-8895 (CA 24)
D/A: 10/4/76
r/A: Intersection of N.W. 112th. Ave. & 5(
xmcLosunest—
Street,..iliand
This claim arose from an automobile accident wherein Geneva Daniels
was the ,driver of a motor vehicle occupied by herself, her son, Earl
Hodges and Minnie Jackson. The ownership and operation of a 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 Geneva Daniels, Earl Hodges and Minnie Jackson were filed through
their Attorney, Mitchell D. Aronson, Esq.
As a result of the accident, Geneva Daniels suffered medical ex-
penses of $7,954.34 and she was unable to work for a period in excess
of one (1) year. She suffered a concussion, acute cervical and lumbar
sprains and strains and radiculitis. She was seen twice at Miami Dade
General Hospital and was additionally hospitalized for twenty (20) days
at Mercy Hospital. She had extensive testing, which demonstrated degen-
erative changes in her low back area, including spondylosis in the
thoracic and lumbo sacral area. She additionally had spondylosis in the
cervical spine. A myelogram was performed with negative results. She
was seen by several neurosurgeons and orthopedic surgeons at Mercy
Hospital. Her primary treating physician has assigned a 15% permanent
partial disability rating with respect to her injuries.
As a result of the accident, Minnie Jackson suffered medical ex-
penses of $1,515.20. She suffered head trauma, a concussion, occipital
neuralgia, and dorsal, cervical and lumbar sprains. She received out-
patient treatment at Miami Dade General Hospital Emergency Room. Her
primary treating physician, George J. Turke, has assigned a 5% permanent
partial disability to the body as a whole.
As a result of the accident, Geneva Daniels' minor son, Earl Hodges,
incurred medical expenses of $535.00. He also received sprains to his
back and was treated in the Emergency Room at Miami Dade General Hospital.
No permanent injury has been, assigned to Earl Hodges.
The medical expenses and other items of damage have been verified '
as to being correct. After extensive settlement discussions and nego-
tiations, it has been determined that the matter can be settled for .
liSU 7 7 -.7 TT 7 .1E
DOCUvJ IS
FOLLOW"
6: 7 9 - 66 6
Hon. Members of the City Commission TPape 2
September 17,:`1979`
$16,000.00on the claim of Geneva Daniels;' $4000.00:on the claim o
Minnie Jacksonand $14000.00 on the claim of Earl Hodges.
The above claim has been investigated by the City of Miami Attorney'
Office and in accordance with Ordinance # 8417, which creates the City
of Miami's Self -Insurance Program and said Office recommends that the
City of Miami pay $16,000.00 to Geneva Daniels, individually; .$4,000.00
to Minnie Jackson; and $1,000.00 to Geneva Daniels as the natural guardian:
and next friend of Earl Hodges, a minor. The total settlement is in the
sum of $21,000.00.
k.),04-64.
GFK:SAE
w..C.ITY"'t:LI