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Home My WebLink AboutR-79-0582"SUPPORTIVE DOCUMENTS ENTS FOLLOW" RESOLUTION NO. 7 9- 5 8 2 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SILVIA FERRER AND RAPHAEL FERRER, HER HUSBAND AND BRUMER, COHEN, LOGAN, KANDELL & REDLUS, THEIR ATTORNEYS, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $7,000.00, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, WORKMENS COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS. WHEREAS, Silvia'Ferrer and Raphael Ferrer Attorneys Brumer, Cohen, Logan, City of Miami for alleged Kandell & Redlu her husband, through their s, filed_. a claim against the bodily injury, personal injury protectionliens, and workmens compensation liens, resulting from an accident involving a trip and fall on City sidewalks on August 25, 1977, on a sidewalk, running east and Street, at or near its intersectionwith west on the southside of Southwest 1st 13th Avenue, Miami, Dade County, Florida; WHEREAS, the above claim has been investigated by the Torts',Division of the City Attorneys Office, in accordance with Ordinance # 8417which creates the City of Miami Self -Insurance Program,; and said that these claims the City o NOW, office recommends be settled for the sum of $14,000.00;:respectively, with Miami to pay $7,000.00 thereof; THEREFORE, MIAMI ,;FLORIDA: BE` IT RESOLVED, .BY THE COMMISSION Section 1. That the Director of Finance is, Silvia Ferrer and Raphael Ferrer, her husband and'Brumer, & Redlus, their Attorneys, $7,000.00 in full and complete CITY OF "DOCUMENT, INDEX O. hereby authorized 'tbEpay Ni 'to Cohen, Logan, Kandell settlement of all bodily injury, personal injury protection liens,..workmens compensation liens, claims and demands against the City of Miami,upon the execution of a release, releasing the City of Miami from all bodily injury, personal injury protection liens, workmens compensation liens, claims and demands. this 13th. f September;. PASSED AND ADOPTED 1979. ATTEST: CI CLEW Maurice A. >':Ferre A Y 0 R'' Ctf"Y COMMISSION MEETING OF : 3 soutbrIN .cent.,,,.,,,,,.... Mr............. 2 P1 day o PREP ED BY : 11 e - CA‘,.. STEVEN A. EDELSTEIN ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS:. JR. CITY ATTORNEY 79-582 es 31• CU! 1,41: 1. . •. 19 MG The Honorable Members of the City Commission Geor Cit . Kno Attorne 3 1 111 2 Ill 7.41.1f3JECT —of July 31,• 1979 Settlement of Silvia Ferrer and Raphael Ferrer, her husband, Plaintiffs, vs. The City of Miami a municipal corporation, vs. The Salvation Army, a non-profit corporation. ..:NCLCI'AURFS D/A: 8/25/77 This claim arose when plaintiff, Silvia Ferrer, tripped and fell over a raised sidewalk flag on August 25, 1977. The ownership of the sidewalk has been verified, and responsibility for its maintenance and control rests with The City of Miami. As a result of the fall, Mrs. Ferrer has suffered medical expenses in the amount of $3,670.00, and was unable to work for a month, at a direct loss of $600.00. Mrs. Ferrer received multiple bruises and lacerations to her face, and a deviated septum, requiring surgery. She is being represented by attorneys Brumer, Cohen, Logan, Kandell and Redlus. A ten percent (10%) permanent partial disability rating has been prescribed by the treating physicians. An agreement has been reached between The city of Miami and The Salvation Army, the abutting property owners, to split on a fifty percent (50%) basis in any settlement agreement reached with Mrs. Ferrer. After extensive negotiations, the settlement figure of $14,000.00 has been reached, the City contribution being $7,000.00. All the pertinent elements of this claim has been investigated and corroborated both at the investigation an litigation stages by the City Attorney s office, in accordance with Ordinance #8417, City of Miami Self -Insurance Program, and it is recommended that this claim be settled as indicated above. GFKC/.77et attachments: (1) "SUPr r- .-Jr9Tri ) n r Li R r C..ki , kj r79-5R. RELEASE FOR THE SOLE CONSIDERATION OF TEN and 0.0/100 10.00 Dollars,' theereceipt and sufficiency whereof is hereby acknowledged, the undersigned hereby releases and forever discharges SALVATION ARMY and 1tELI2INCL INSURANCE COMPANY their heirs, executors, administrators, agentsand assigns, and all other .persons, firms or corporations Liable or, who might be claimed to be liable, none,of whom admit any t liability to the undersigned lcr oss l.><'azFii� ��'£�,�5' cont_r L)u'L3.o oii� iiIldernn -L Cation, any and all claims/ demands, damages, actions, -causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries, known and unknown, both to person and property, which have resulted or may in the future develop from an accident which occurred on or about: the . 5 Undersigned: hercl.,y declares that the terms of this settlement`have been cairtplrtely read anrl. are •ful.1y" understood and vo.lun.t:a:rily accepted. for _ the ;purpose of making a full and final compromise adjustment•and settlement of anyand.a]1 claims„ di.spiuted or ot.herwise, on account' of the i.njur.ies 'and damage.above mentioned,, and for the. exprC :3 hurpose of precludi.ng forever any further or .additional.claims arasit,g out of.' the aforesaid accident. Undern i.gn(-d-herrhy accepts ; dz:a-f;t or, (11:a payment of the .cons i dcra tion :;et: forth above. IP7'WI'I'I7Ea:i WiiF;RF;OF,- rll . have<hercunto set: _m} hand(s) 19 l;• and seal (s) this � day of �• __�._, .—•_�._._ In Presence o f"L CITY OF a, municipal cor.Lo ay.() > ) ' (SEAL) j l (SEAL) Li P RTRE 66 �Z it• , ti. t,S I r„ i P79-582 f1CLEASE OF ALL THIS INDENTURE WITNESSETH that, in considv'rotion of the sum of Fourteen Thousand and 00/100 Dolia,s ($ 14,000.00 ), receipt whereof is hereby acknowledged, for myself and for my heirs, personal representatives and assigns, I do hereby re - THE CITY OF MIAMI, a Municipal corporation and THE SALVATION ARMY, lease and forever discharge a Non —Profit corporation. and any other person, firm or corporation charged or chargeable with responsibility or liability, their heirs, representatives and assigns, from any and all claims, demands, damages, costs, expenses, Toss of services, actions and causes of ogtion, arising from any act or occurrence up to the present time and particularly on account of all personal injury, disability, property damage, loss or damages of any kind already sustained or that I may hereafter sustain in consequence of on occident that occurred on or about the 25th day a sidewalk running east and west on th souttide of 5W 1st of August 19-22, et Or near,ht or near ttG intnrfncti9L, tair}�1�_-- + a e County, Florida To procure payment of the said sum, 1 hereby declare: that I am more than 18 years of age; that no representations about the nature and extent of said injuries, disabilities or damages mode by any phy- sician, attorney or agent of any party hereby released, nor any representations obout the nature and extent of said injuries, disabilities or damages made by any physician, attorney or agent of any party hereby re- leased, nor any representations regarding the nature and extent of legal liability or financial responsibility of any of the parties hereby released, hove 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 un- certain and 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 apply to all unknown and unanticipated injuries and damages resulting from said accident, casualty or event, as well as to those now disclosed. I understand tilt? the parties hereby released admit no 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 assert becauseof the: said: accident. I further understand that such liability as I may or shall have incurred, directly or indirectly, in con- nection with or for damages arising out of the accident to each person or organization released and dis- charged of liability herein, and to any otherperson or organization, is 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 is agreed to indemnify and save harmless the above -named parties and they are hereby released ofand from any claims and oil liens including those that are under the Florida Reparations Act or subrogationclaimsarising out of the aforesaid incident. Witnessed by STATE OF COUNTY OF FLORIDA DADE On this dayof this day of , 19 72 (CAUTION —READ BEFORE SIGNING) (SEAL) (SEAL) S1.LV1A Fritttrii RAPIIAEL FERRER, her husband, jointly and severally` ;19 before me personally appeared known to be the person who executed the foregoing instrument, and acknowledged that executed the same as free act and deed.