HomeMy WebLinkAboutR-79-0583'4\
RESOLUTION NO. 7 9 a' 5 8 3
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO ARMANDO CUSIDO AND ANA CUSIDO, INDIVIDUALLY
AND AS PARENTS, NATURAL GUARDIANS AND NEXT FRIENDS
OF ALEXANDER CUSIDO, A MINOR AND EARLE V. RIFAS,
ESQUIRE, ATTORNEY, WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF $35,000.00 IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION
`'
11 IENS, WORKMENS COMPENSATION LIENS, CLAIMS AND DEMANDS
t�S V P P pR�'�(4tGAINST THE CITY OF MIAMI, AND WAYNE HENRY SMITH, AND
levPON EXECUTION OF A RELEASE, RELEASING THE CITY FROM
LL CLAIMS AND DEMANDS.
VOLL0'
WHEREAS, Armando Cusido and Ana Cusido, individually and as the
parents, natural guardians and; next
minor,
through; ;Earle ° V. Rifas,
friends. of Alexander. Cusido, a
Esq. their attorney, filed a claim.
against the City of Miami and Wayne Henry Smith, for alleged bodily
injury, personal injury protection lien,"workmens compensation liens,
a City owned vehicle. on August 14,
1977 on Venetian Causeway approximately 3/lOths of a mile west of the
resulting
from an accident involving
of the City Attorneys Office, in accordance
s
create
tha
FLORIDA:
Section `1.
the City of Miami
toll booth;;
WHEREAS, the above claim has been investigated by the Torts Division
with Ordinance 4d.8417,
Self -Insurance Program, and
which
saidoffice
recommends
t
theseclaims be settled for the sum of.$35,000.00 respectively;
NOW;" THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,.
"DOCUMENT INDEX
That the Director Finance "-is hereby=authorizeITEMcl to0:Pa
to Armando Cusido and Ana
guardians and next friends o
Esq.,
in
Cusido, individually and as the parents, natural
Alexander Cusido, a minor, and Earle V. Rifas,
their attorney, without the admission of liability, the sumo
full and complete settlment
$35,000.00
all bodily injury, personal injury protection
liens and workmens'compensation liens, claims', and demands against the
of
City
Miami, upon the execution of a release, releasing the City of Miami from
all bodily injury, personal
liens, claims and demands.
1979.
injury;' protection liens,
workmens compensation:
PASSED AND ADOPTED this 13thday of September
ITY C RK9.e,C12)'
Maurice. A. Fer
M A Y
r!
F COMMISSION
R NEf1NG OF
'
j 1;
s,n2. 9.... 583
REPARED AND APPROVED BY:
ST
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CQ GEORGE• F.-•KNOX, JR.
CITY ATTORNEY
CORRECTNESS:
79-583
•
39.
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!N'i :ER-OrF1CI.E ^•15,MORAPJL:UM
- +79 l���,:. 3 �_.r.p1 2 : 41
The Honorable Members
of the City Commission
Plaintiffs. Armando. Cusido and Ana Cusido, individually and as the
parents, natural -guardians and next friends of Alexander Cusido, a
minor, filed a claim against the City of Miami through their Attorney
Earle V. Rifas, Esq.,`Rifas & Rifas,'involving personal injuries received
by Alexander. Cusido and an additional claim on behalf Armando Cusido and
Ana Cusido.
The accident occurred on August 14, 1977 on Venetian Causeway,
approximately 3/10ths of a mile west of the toll booth. The ownership,:
and operation of a City of Miami police vehicle. was involved and responsi-
bility rests with the City of Miami.
August 30, 1979
Settlement of Armando Cusido & Ana
c?4BJEi; r. -Cusido, individually and as the parent!
natural guardians and next friends of
Alexander Cusido, a minor v. Wayne
Henry Smith and the City of Miami
:+':F PI IcEsD/A: August 14,. 1977
P/A: Venetian Causeway, approx. 3/l0th
EN" CLOS""F5: of a mile west of toll booth. 1
i
1
1
■
1
■
1
1
Alexander Cusido was involved in the accident and was injured when,.
as a pedestrian, he was struck by a City of Miami Police vehicle, traveling
at approximately 45 MPH in a 30 MPH speed zone.
As a result of the accident, Alexander Cusido received multiple
fractures of his leg and hip in four areas. His-primary.treating physician,
Jerry E. Enis, M.D., has indicated that the injuries resultedin a 30%
permanent partial disability, directly attributable to the accident.'. It
is anticipated that Alexander Cusido would suffer from arthritis during
his remaining lifetime as a result of the injuries. Richard L. Glatzer,
M.D.; the court appointed physician, examined Alexander Cusido and
provided a ten to fifteen percent permanent partialdisability rating
directly attributable to the accident. He indicated that the rating,'
might be higher due to the hip injuries.
Plaintiffs total medical expenses amounted to $11,941.09. This in-
cluded thirty-five (35) days as an in -patient at Jackson Memorial Hospital.
All other medical expenses and other damages have been verified as
to correctness. The original demand that Plaintiffs presented was for
$100,000.00. This demand was subsequently reduced to $50,000.00 based
upon limitations contained in Section 768.28, Florida Statutes (1977).
The matter can be settled for $35,000.00.
"SUPPORTIVE
IVE
DOCUMENTS
FOLLOW"
79-583
Hon. Members of the Cit Commission
Page 2
Au ust 30 1979
The above claim has been investigated by the city Attorttey's,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 $35,000.00 in settlement of this claim.
•
'"79-583
RELEASE OF ALL C' .$MS
THIS INDENTURE WITNESSETH that, in consideration of the sum of Thirty —Five Thousand
00/100 Dollars ($ 35,000.00 ), receipt whereof
is hereby acknowledged, for myself and far my heirs, personal representatives and assigns, I do hereby re-
lease and forever discharge WAYNE HENRY SMITH & THE CITY OF M IAMI , a mini c i nal. 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, loss of services,
actions and causes of action, arising from any act or occurrence up to the present time and particularly on
account of ell personal injury, disability, property damage, loss or damages of any kind already sustained
or that I may hereafter sustain in consequence of an accident that occurred on or about the 14 day
of August 19 77 , at or near Venetial Causeway aonrox. f rram rr.l i t»1.0t
To procure payment of the said sum, I hereby declare: that I am more than iR years of age; that
no representations about the nature and extent of said injuries, disabilities or damages made by any phy-
sician, ottorney er agent of any party hereby released, nor any representations about 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 hos been token 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 that the parties hereby released admit no liability of any sort by reason of said occident
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 because of the said accident.
I further understand that such liability as 1 may or shall have incurred, directly or indirectly, in con-
nection with or for damages arising out of the occident to each person or organization released and die -
charged of liability herein, and to any other person or organization, is expressly reserved to each of them,
such liability nor being waived, agreed upon, discharged nor settled by this release.
In consideration of the oforesoid sum, it is agreed to indemnify and save harmless the above -named
parties and they ore hereby released of and from any claims and all liens including those that are under
the Florida Reparations Act or subrogation claims arising out of the aforesaid incident.
Witnessed by
Signed and sealed this day of , 19.1E
"SUPPORTIVE(CAUTION_READ BEFORE SIGNING)
DOCUMENTS
ARMANDOCUSIDO
STATE OF FLORII)A
COUNTY OF DADE
SS
ANA CUSIDO
(SEAL)
(SEAL)
On this=' day of , 19 , before me personally appeared
to known to be the person who executed the foregoing
instrument, and acknowledged that executed the some as
1111111111111MIN MINN.
PARENTS' RI:Li,ASE AND IND)IaiNITY AGREEMENT
In consideration of the payment, tit the tinders igned , of the sum of
$ 35,000.00 , the receipt of which h; hereby acknowledged, the undersigned
parent(s) ARMAt l O (:US11u) and AtIA CUSII)0, individually and as parents and natural.
guardians and next friends of AI,I':XANI)I R (;IIS l i)0 , a minor,
do forever release, discharge and covenant to hold harmless WAYNI; HENRY
S'i1'I'11 and (:'Ty (►I' t1IAMI., rt mutt icipa1 corporation +
and any other person, firm or corporation charged or chargeable with responsibility
or liahllity, their heirs, administrators, executors, successors and assigns,
from any and all claims, demands, damages, costs, expenses, loss of services,.
act ions and causes of act ion, bet ranging; to the sa id minor or to the tinders igned
arising; out of any net or occurrence up to the present t line, and part .tettarty
on account of all personal injury, disal) tli.ty, property damage, 1.nss or
damages of any kind sustained or that may hereafter he sustained by the
said minor or by the undersigned, in consequence of an accident that occurred
on orabout the 14t.h day of August 1977 , :t or near the
Venetian -Causeway attur.ox.imat•e.ly 3/10tIr mile West of.. Venet.J.an Causeway 'Co11..11ooth.
The tinders igned do hereby h i.nd themse Ives and the i r. .
heirs, administrators, executors, successors and assigns to repay to the
said :WAYNI: HENRY SPi1:'1'11 and CITY 01' 1,11A:,11.
and to any other person, f irm or corporation charged with respons_.ihi.11.ty or
l.iabil.ity, their heirs, administrators, executors, successors and assigns,
any add it.ionnl sum of gooney that any of thorn may hereafter be compelled to
pay on account of the injuries to said minor because of the said accident.
To procure the payment of the said sum, AUti•1AN1)(1 (US10(1 and ANA CUSIUO
hereby declare: that no>'representat ions
about the nature and extent of the said injuries, eli.silhilitLes or damages
made by an physician, attorney or agent of any party re teased; nor any
representations regarding the nature and extent of legal 1 lab ility or finan—
cial responsib11ity of any of the parties released,. have induced --'them
to make this release and . indemn i.ty agreement; that in determining; the
amount of the sa id Gum there has been taken into. consideration not only the
ascertained injuries, disabilities and damages, but .also the pass i.bility
that the injuries sustained may permanent and progressive and recovery
therefr. otn uncertain and indef mite,so that consequences not now anticipated •
may result" from -the said accident.
The undersigned tinders tangs) t hat the parties hereby released' admit
no 1:lab ility of any sort by reason of sa accident and that said pay —
meta. in, compromise is made to `.terminn te further emit roversy 'respecting;
all ' cl"a ems for damages that sa id minor or the undersigned have heretofore
asserted or might personally or through personal: representativeshereafter
assert' because of said accident.
In COU' Id ra t. inn of the aforesaid slim, it is agreed to indemnify and
save; harmless the above -named parties and they are hereby released of and.:
from: any cla i.nts and all liens incl riding those thatare tinder: the"`1'lor. ida
Rep iratious Act or Subrogation claims arising out of the aforesaid incident.
Signed .and sealed this day of ..
In the presence of
s'1'AT OK 1'1;gl;j►)A
COUNTY OE DADE.
AItMAANDO CUS11)O • i ndi.vidual.ly
of A11:XANI)I:R CUSI1)0
SI At )
and as:parent
(SEAT.)
ANA CIis'IIH)`, iililtvidnail.y and as parent
of AL1:XANI)I:It CUSPOO
Onthis day of , 1979 , before Inc :personal.l.y'"
appeared ARMANDO (? if 11)0 and ANA (:(IS].l)O , to me well known to he the
person(s) who executed the foregoing; instrument, and acknowledged that
thr.y' executed the same as their f ree . act and deed.
My commission expires
tl0TAIZY ' i'UIILIC
W79-5Rs