HomeMy WebLinkAboutR-79-0151RESOLUTION NO. 79-151
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ANN MARTINI, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF
FIFTEEN THOUSAND DOLLARS ($15,000.00),
IN FULL AND COMPLETE SETTLEMENT OF HER
CLAIM AGAINST THE CITY OF MIAMI FOR
ALLEGED PERSONAL INJURIES SUSTAINED BY HER,
UPON THE EXECUTION OF A RELEASE RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, the Plaintiff, ANN MARTINI, filed an action
against the City of Miami in the Circuit Court of Dade County,
Florida, bearing Number 77-6626, alleging that she incurred
personal injuries due to a trip and fall at Northeast 29th
Street North sidewalk approximately 3 to 4 squares East of
Biscayne Boulevard, in the City of Miami, Florida, on
September 6th, 1976; and
WHEREAS, this claim has been investigated by the Office
of the City Attorney and after considerable negotiations with
the attorneys for the Plaintiff, a settlement in the amount of
Fifteen Thousand Dollars ($15,000.00) would be acceptable to
the Plaintiff; and "DOCUMENT NDEX
WHEREAS, the Office of the City Attorney NU ommends that
this law suit be settled for the sum of Fifteen Thousand Dollars
($15,000.00), which includes Plaintiff's medical expenses of
more than $6,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby author-
ized and directed to pay to ANN MARTINI, without the admission
of liability, the sum of Fifteen Thousand Dollars ($15,000.00)
in full and complete settlement of her claim against the City of
CITY COMMISSION
MAP-a-1419
NIAQIUI;UN NU, 1.14 ,S'
Miami, including her medical expenses of more than $6,000.00,
for alleged personal injuries sustained by her, upon the
execution of a release releasing the City of Miami from all
claims and demands whatsoever.
PASSED AND ADOPTED this 8 day of MARCH , 1979.
/s/ MAURICE A. FERRE
MAY O R
02/-77
CITY CLERK
PREPARED AND APPROVED BY:
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Clinton J. Pitts, Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
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INTOE ') FICA .;; r,tC :ANL;IJM
To: The Honorable Members
of the City Commission
George . Knox,
Cit orney
February 21, 1979
:.L-77-27
Ann Martini vs. City of Miami
Circuit Court No. 77-6626
Resolution)
The Plaintiff, Ann Martini, filed an action against the City of
Miami on March 1, 1977, alleging personal injuries as a result
of her falling on a defective sidewalk located at Northeast 29th
Street, approximately 3 to 4 squares East of Biscayne Boulevard,
in the City of Miami, Florida.
Mrs. Martini, as a result of the fall, suffered a cervical fracture
of the right hip which required open reduction and internal fixation
with a Richard's 135 degree two and three-quarter inch nail with
a four -hole side plate.
Mrs. Martini was examined by Elwin G. Neal, M.D., a Court -appointed
physician, on November 1, 1977. Dr. Neal's examination revealed a
1/4 inch difference in leg lengths and that Mrs. Martini sustained
as a result of the fall an intertrochanteric fracture of the right
femur. He further commented, in his report, that she has a 15%
permanent residual disability of the right lower extremity.
Plaintiff's original demand for settlement was $55,000.00. After
considerable negotiation, counsel for the Plaintiff has agreed to
accept the sum of $15,000.00 in full and complete settlement of the
case, including the Plaintiff's medical expenses of more than $6,000.
To avoid further expenses in this case, together with the exposure
of the City at trial and a very strong possibility of an adverse
verdict against the City of Miami, the City Attorney's Office
recommends that the claim be settled for $15,000.00 in full and
complete settlement of this case, including medical expenses of more
than $6,000.
GFK/C. P/f1
ENCL.(Resolution)