HomeMy WebLinkAboutR-79-0114RESOLUTION NO. 7 9- 1 1 4
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO JOSEFA HASSAN, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF
THIRTY-SEVEN THOUSAND FIVE HUNDRED ($37,500)
������MI AND
r DOLLARS, IN FULL AND COMPLETE SETTLEMENT OF
h v 1! , ER CLAIM
epLICEOFFICERNDOUGLASST THE CRICE, FORITY OF A ALLEGED
VOC1 11 aV i.JJPONONAL INJURIES THE EXECUTIONS OFT AINED BY RELEASEJOSEFA RELEASINGHASSAN,
F'0"LO r 11 n THE CLAIMSTY ANDFMIAMI DEMANDSAND WHADOUGLAS TSSOEVER RICE FROM ALL
WHEREAS, the Plaintiff, JOSEFA HASSAN, filed an action
against the City of Miami and Police Officer Douglas Rice, in
the Circuit Court of Dade County, Florida, bearing Number 77-11516,
alleging that JOSEFA HASSAN incurred personal injuries due to a
motor vehicle collision involving Police Officer Douglas Rice
on September 20, 1975, at or near West Flagler Street, at its
intersection with N.W. 12th Avenue, in the City of Miami, Florida;
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
Thirty-seven Thousand Five Hundred ($37,500.00) Dollars would
"DOCUMENT, /INDEX
be acceptable to the Plaintiff; and ,
ITEM NO 1,
/ 1,WHEREAS, the Office of the City Attorney recommend's that
this law suit be settled for the sum of Thirty-seven Thousand
Five Hundred ($37,500.00) Dollars, which includes the Plaintiff,
JOSEFA HASSAN's medical expenses of more than $9,000.00, lost
wages of about $12,000.00, and an insurance lien of $5,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby authorized
and directed to pay to JOSEFA HASSAN, without the admission of
CITY COMMISSION
MEETING OF
FEB : 6
gran 3 9 - 1 1 4
liability, the sum of Thirty-seven Thousand Five Hundred
($37,500.00) Dollars, in full and complete settlement of her
claim against the City of Miami and Police Officer Douglas Rice,
including all medical expenses, lost wages and insurance company
lien, for alleged personal injuries incurred by the Plaintiff,
JOSEFA HASSAN, upon the execution of a release releasing the City
of Miami and Police Officer Douglas Rice from all claims and demands
whatsoever.
PASSED AND ADOPTED this 26 day of FEBRUARY , 1979.
MAURICE A. FERRE.
ATTEST:
PREPARED AND APPROVED BY:
APPROV i S TO FORM AND CORRECTNESS:
George Knox,
MAYO R
"SUPPORTIVE
DOCUMENTS
FOLLOW"
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79-114
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33
CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
TO
The Honorable Members
of�,l i City Commission
Georg F. Knox,
City torney
LAZE
January 19, 1979 F"FL-77-50
b MUF' Hassan vs. Rice et al.
Circuit Court No. 77-11516 (24)
E r.cLOSUF
Resolution)
Plaintiff, Josefa Hassan, filed an action against the City of Miami
on April 14, 1977, claiming personal injuries as a result of an
accident which occurred on September 20, 1975, on West Flagler Street
at or near its intersection with N.W. 12 Avenue, in the City of Miami.
The vehicle in which Plaintiff, Hassan, was riding had to make a stop
because another vehicle, whose driver left the scene and was not found
by the police, cut in front of the Hassan vehicle. Following one or
two lengths behind the Hassan vehicle was a City of Miami police car
driven by a City of Miami police officer. The City of Miami vehicle
hit the Hassan vehicle in the rear. There was minor damage to both
vehicles because the accident occurred at relatively low speeds.
Plaintiff, Hassan, was treated by a reputable neurological surgeon
who gave her a 15% partial permanent disability to the body as a whole
for injuries sustained in the accident, including severe cervical and
lumbosacral strain. Because of the hit in the rear, Plaintiff, Hassan,
hit her head against the roof of the car and suffered the aforementioned
injuries diagnosed by the treating doctor.
The attorney handling the case for the Law Department secured the
services of two court -appointed physicians who examined the Plaintiff.
The first court -appointed physician is a prestigious neurological
surgeon in the City of Miami. He found that the patient had a minor
cervical strain and gave her a 5% permanent partial disability related
to the cervical strain. He stated that Plaintiff, Hassan, was indeed
injured in the accident and recommended exercise for her improvement.
He agreed with the treating physician that the Plaintiff did indeed have
pain from her cervical strain. The Plaintiff was also examined by a
prestigious court -appointed orthopedic surgeon who diagnosed cervical
spine and lumbar spine sprain. He gave her 7-1/2% permanent impairment
to her body as a whole. He also stated that he agreed with the afore-
mentioned two doctors that she indeed had pain.
Plaintiff had approximately $12,000 in lost wages due to the pain she
was incurring, and approximately $9,000 of medical bills, for total
specials of $21,000. As to liability, there is no question that the
accident was the City's fault since there is a presumption of fault
in rear -end collisions. In this case, the car driven by the police
officer hit the Hassan car ip1_the rear causinc the injury.
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DOC�.`'
FOLLOW„
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To: Honorable Members of -2- January 19, 1979
the City Commission
As to the amount of damages, it is not unusual for juries to give
five or six times the specials, which in this case would have amounted
to more than $100,000. The Plaintiff made an initial demand of
$175,000. The court -appointed physicians gave the Plaintiff a lower
disability rating than the treating physician, but they still gave a
disability rating. The court -appointed physicians also found that
there was real pain involved. Although the court -appointed doctors
found that the Plaintiff would be able to go back to work in a factory
in light assembly operations, the Plaintiff still had a permanent 5%
to 7% disability.
There is no question that a jury would have given the Plaintiff at
least $50,000 because of her partial permanent disability, her pain,
her lost wages, and her medical expenses. After considerable
negotiation, counsel for the Plaintiff has agreed to accept the sum of
$37,500 in full and complete settlement of the case, including the
Plaintiff's specials of more than $21,000.
A $37,500 settlement is therefore very reasonable in this case and it
avoids the near certainty of a higher exposure to the City of Miami
at the trial of the case. The City Attorney's Office recommends that
this claim be settled for the sum of $37,500 in full and complete
settlement, including all expenses and specials.
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GFK/NC/fl
Resolution attached.
79-114