HomeMy WebLinkAboutR-79-0581SAE/Sy
7/18/79
RESOLUTION NO, 7'9 •. 5.8 1
A'RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO MONTRESS JENKINS
WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $7,407.00 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 UPON EXECUTION OF A RELEASE, RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
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Lawrence Rodgers, Esq.,
WHEREAS, Montress Jenkins, through her attorney,
filed a claim against the City of; Miami for`'alleged bodily 'injury, personal
injury protection liens and-Workmens Compensationliens, resulting from an
accident, involving a City owned vehicle' on December 31, 1976, at or nearthe
intersection
of N.W. 7th Avenue and 75th Street,in the City of::Miami` and
WHEREAS, the above
claim has been investigated by. the Torts Division ,o
the City Attorney' s Office in accordance with Ordinance No.
City of Miami Self Insurance Program, and said Office recommends
the
claim be
settled for the sum of"$7,407.00.
8417, which creates
that this
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
"DOCUMENT.. -INDEX
FLORIDA:
Section I.
to Montress
admission of liability,
all bodily injury,
Jenkins
IM N
That the Director of_ Finance'is herebyTEauthorize
the sum of "$7,407.00 in
personal injury protection liens, and Workmens Compensation
o pay
without the
r'
full and complete settlement of
liens, all claims and demands against the City of Miami, upon the execution of
a release, releasing the City of Miami and Roy Brown from all bodily injury,
personal injury protection liens
demands.
PASSED AND ADOPTED this 13th day of September ," 1979.
Maurice A. Ferre
EST:'
ITY CLERK
Workmens Compensation liens, all claims and
MAYOR
' CITY COMWSSION
4EFT1N G OF
3
REPARED
r
Steven A. Edelstein, Assistant City Attorney.
APPROVED AS TO.FORII AND CORRECTNESS:
--G
79-581
36 •
The Honorable Members
of the City Commission
3 2 : i
. •
August 30, 1979
PILE:
Montress Jenkins vs. City of Miami
D/A: 12/31//6
P/A: N.W. 7th Avenue & 75th Street
Miami, Florida
fw.rEPE:4C%5 .
This claim arose when Plaintiff, Montress Jenkins was involved in an
automobile accident on December 31, 1976 at or near the intersection of
N.W. 7th Avenue & 75th Street, Miami, Dade County, Florida. 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 Montress Jenkins was filed through her Attorney,
Lawrence Rodgers, Esq.
As a result of the accident, Montress Jenkins suffered medical ex-
penses of $2,326.40 and was unable to work for thirty-two (32) days, at
a direct loss of $2,132.80. She suffered severe cervical and lumbo
sacral sprains and strains as a result of the accident. She was hos-
pitalized for five (5) days as an in -patient at North Dade Hospital
and continued to be treated by her physician, Arnold Oper, M.D.,
after her release. Dr. Oper has signed a, five percent permanent partial
disability rating for the injuries received by Montress Jenkins.
The accident also resulted in property damages in the amount of
$502.56 to Montress Jenkin's vehicle.
The medical expenses, loss of income, and other items of damage,
have been verified as being correct. Plaintiff's original demand for
settlement was in the amount of $30 000.00. This was subsequently re-
duced to $17,500.00. The matter can be settled for $7,200.00 plus
$207.00 costs. This figure has been reduced significantly through ex-
tensive negotiations.
The above claim has been investigated by the city Attorneys office
in accordance with Ordinance 8417, which creates the City of Miami's
Self -Insurance Program and the said office recommends that the City of
Miami pay $7,407.00 in settlement of this claim.
SAE
"SU PPORTNE
DOCLJ M ENTS
FOLLOW"
7 9 - 5 ft 1
RELEASE Or A1.I, CLAIMS
`I'III.S INDENTtiltl'. WE'I'NI;SS1;Til that, in consideration of the sum of srvrN THOUSAND
FOUR HUNDRED AND SEVEN-- 1)ol.1arr; ($ 7,407,00 ), receipt whereof is hereby ack—
nowledged, for myself and for my heirs, personal representatives :tad assigns, I
do hereby release and forever discharge CLTV OF M1ANI and ltOY RROt/
and any other person, firm or corporation charged or chargeable
with retsponsih t 1 t'ty or liability, their heirs, representatives and assigns, from
any and all claims, demands, damages, costs, expenses, loss of services, actions
and causes of ;action. arising from any act or oce.tirrence rip to the present time
and particularly on ;recount of all personal injury, disability, property damage,
loss or damages of any kind already sustained or. that 1 may hereafter sustain in
consequence of an accident that occurred on or about the 31 day of December
19 76 , at or near N.W. 7tlh Avenue at or near its inter ect on will' N.tL 75th Street,
Miami, Dade County, Florida.
To procure payment of the said 'sum, I hereby declar.e:, that T am more than 18 year.:
of aye; that no representations ,about` tic nature and extent of *;a Id Injuries,
disabilities or damages made by any physician, ;ittorney or agent of any party
hereby released, nor. any representations about the na tere and extent of said
injuries, disabilities or damage;; made by any physician, attorney or agent of
Any party.herohy released, nor any representations regarding the nature attd
extent of legal liability or financial respon: i:hil.ity of any of the parties
hereby released, have induced me to make this settlement; ` that in determining
said sum there has been taken into consideration not only the ascertained injuries,
disabilities and 'damages, but also the possibility that the injuries sustained
may be permanent and progressive and recovery therefrom roar uncertain anil indefinite,
so that consequences not now anticipated may result from the said accident.'
I hereby ;agree that, as a further consideration and inducement for this
compromise settlement. this settlement shall tplaly to all unknown and unanticipated
injuries and damages resulting from said accident, casualty or event, as well as
to those now disclosed.
I understand that the parties hereby released admitno liability of any
sort by reason of said accident ;and that said payment and settlement in compromise
is made to terminate further controversy respecting all claims for damages that
I have heretofore asserted or that I or my personal representative might hereafter
assertbecause of the said accident.
I, further understand that such liability as I: -may or. 5hal l' .havo incurred,
directly or • indi.rect'ly, in connection wit.11 or for damages iris ing out of the
accident to_each person or organization released and discharged. of 1'iahi.lity
herein, and to any other person or organization., •ts. expressly reserved to `each
of them, such liability not being waived, agreed upon, discharged nor settled by
this release.
In consideration of the aforesaid sum, it Ls ,agreed to indemnify and -save
harmless the above -named parties and they are hereby released of and from' anv
claims < and all _liens including those that arc under the F lorida Reparations Act
or subrogation claims arising out of the aforesaid incident.
SIGNED AND SEALED this t''day of C�`
(CAUTION -READ BEFORE SI 'N1.NG)_'
WITNESSED by
STATE OF
COUNTY' Or
On this , c day, of
N()N'i 1.1'.S5 .I liN1<1 NS
I 1 f►It 1 l)i
I)AI)F.
C 0i'1'h 5 aihNh a'
before rite personally ,appeared
Co isle
known to be the person. who executed the- foregoing instrument ;and ,tcknowl.edged
that ;1ir, executed the same as • her free act and deed.'
`._ NU'l'ARY 1'lJBL LC
My COMMiSs.lon expires
..U1"[Y FUMY: SiAII' car;I;WO-%,ar 1ARGE
n4Y (0?,?. ISSIC?r; f.v'.F..S IIB..'.a I;63
FUNDED 1l1 U It1'i.
'79-581