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HomeMy WebLinkAboutR-79-0022WPM. 12/6/78 RESOLUTION No, ? 9.:22 A RESOLUTION ANTHORIZINt THE DIRECTOR OE 1t ANCE TO PAY TO ARTHUR WILLIAMS, PARRIE WILLIAMS AND CEoRGEWILLIAMS, HER HUSBAND, WITHOUT THE ADMISSION OF LIABILITY, THE SUM of THIRTEEN THOUSAND ($13,000 00) DOLLARS IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE CITY or MIAMI AND JOHN CHARLES CHAPH.AN FOR ALLEGED PERSONAL INJURIES AND PROPERTY DAMAGE SUSTAINED BY THEM, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY or MIA'MI AND JOHN CHARLES CHAPMAN PROM ALL CLAIMS AND DEMANDS WHATSOEVER. WHEREAS, the Plaintiffs, ARTHUR. WILLIAMS, PARRIE ' WILLIAMS and GEORGE WILLIAMS , her husband, filed an action against the City of Miami and John Charles Chapman, bearing Number 78-12654, in the Circuit Court of Dade County, Florida, on August 4, 1978, alleging personal injuries and property damage due to a motor vehicle accident involved a City of Miami motor vehicle on May 24, 1976, at the intersection of Plaza Street and Oak 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 attorney for the Plaintiffs, a settlement in the amount of Thirteen Thousand ($13,000.00) Dollars would be acceptable to the Plaintiffs; and WHEREAS, the Office of the City Attorney recommends that this law suit be settled for the sum of Thirteen Thousand Dollars ($13,000,00) which includes the medical expenses of more than $5700,00 for ARTHUR WILLIAMS, the driver, and his mother, PARRIE WILLIAMS; I NOW, THEREFORE, BE IT RESOLVED BY THE COi`',Q`IIP,IQN OF:TB; C • t� CITY OF MIA�MI , FLORIDA: 1 TF[� NO t- Section 1. That the Director of Finance is hereby authorized and directed to pay to ARTHUR WILLIAMS, PARRIE WILLIAMS, CITY COMMISSION MEETING OF J A N 1 8 1919 and EOROE WILLIAMS , het husband, without the diet'1 of liability, the sUtn of Thifteen Thousand ($11,000,00) bona s, in full and cotnplete settlement of their claim against the City of Miami and John Charles Chapman, including medical expenses of more than $5700,00, for alleged personal injuries sustained by them, upon the execution of a release releasing the City of Miami and John Charles Chapman from all claims and demands PASSED AND ADOPTED this 18th day of JANUJARY PREPARED AND APPROVED BY: MAURICE A, FERRE CITY a MIAMI, FLOPIDA M Mbf,ANNOU:y The of table•Hethbers City Co0Mi8s ioii George. • Rtb t, City At Orney January 4, 178 " rt=78'097 Charles Chapt�an and City. Of Arthur. Williams -et al, Vs Bohn. •0 cut Court' NON .78_1 61A ..,. (ttesolution) The Plaintiffs, Arthur Williams, Parrie Williams and George Williams, her husband, filed as action against the City of Miami and John. Charles Chapmanon August 4, 1978, alleging personal injuries as a result of a motor vehicle accident involving City of Miami sanitation truck on March 24, 1976, at the intersection of Plaza Street and Oak Avenue, in the City of Miami, Florida, The Plaintiffs' vehicle was Eastbound on Oak Avenue, which is a through street, while the City's sanitation truck was Northbound on Plaza Street, There is a Stop Sign at the intersection of Oak Avenue and Plaza Street, and such Stop Sign is there for the purpose. of controlling traffic which is North and Southbound on Plaza Street, The City's sanitation truck, which was Northbound on Plaza Street, based upon the facts of the case, proceeded through the Stop Sign, thereby striking the vehicle of the Plaintiffs.' Mr, Arthur Williams, age 24 at the time, suffered post traumatic headaches, contusions, hematona of the right chest area, sprain of the cervical spine and the lumbosacral spine. His physician, Dr, F. Gonzalez, gave him 5% disability of the body. Mrs. Parrie Williams, age 64, suffered post traumatic injuries to the lower abdomen area which resulted in pain, severe sprain of the cervical spine, contusions and hematoma of the right hip, complaint of pain radiating down the right leg, tenderness and hematoma of the right rib cage, post traumatic headaches 'and .injuries to her right shoulder area. Dr. David E. Lehrman gave her 10/ permanent disabil- ity of the body and 25% permanent disability of the right shoulder Plaintiffs' original demand for settlement was in the neighborhood of $50,000.00. After considerable negotiation, counsel for the Plain- tiffs has agreed to accept the sum of $13,000.00 in full and complete settlement of the case, which will include all of the claims by all three plaintiffs. 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 $13,000.00 in full and complete settlement of this case, including medical expenses of more than $5,700. GFK/G'JP/f1 (Resolution attached)