HomeMy WebLinkAboutR-79-0023Riot/aeb
RESOLUTION NO
A RESOLUTION A`TUOR 2INO Tit DIRECTOR OF FI.NANcE
TO PAY TO JOAQUII FERNANDEZ AND OLADYS FERNANDEZ.
' LTROUT THE ADMISSION OF LIAEILITY, THE SUM OF
$5100.00 IN FULL AND COMPLET
TLE ENT of ALL
EODILY INJURY, Lo85 OF USE, AND MOEtLE COLLISION
DEDUCTI$LE CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, UPON THE:E)tECUTION OF A RELEASE, RELEASING
THE CITY OF MIAMIFROM ALL CLAIMS AND DEMANDS, AND
TO PAY To SOUTH CAROLINA INSURANCE COMPANY WITHOUT
THIS ADMISSION OF LIA$ILITY, THE SUM OF $658,57 IN
FULL AND COMPLETE SETTLEMENT OF THE COLLISION SU$RO
GATION CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI,
UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY
j1NEOI` MIAMI FROM ALL CSO? RT
LAIMS AND DEMANDS.
DOCUMUl-TS
FOLLOW"
WHEREAS, JOAQUIN FERNANDEZ AND GLADYS FERNANDEZ, filed a
claim against the City of Miami for the alleged bodily injury, loss
of use, and automobile collision deductible claims and South Carolina
Insurance Company filed a claim against the City of Miami for an
alleged collision subrogation claim, resulting from an accident
volving a City owned vehicle on December 5, 1977, at or near
20th Street & N.W. 18th Avenue, Miami, Florida:
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office in accordance with Ordinance
No. 8417, which creates the City of Miami's Self -Insurance Program,
and said office recommends that these claims be settled
of $5100.00 and $658.57, respectively;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THEtC,ITy
OF MIAMI, FLORIDA:
ITEM NO.
Section 1. That the Director of Finance is hereby authorized
pay to JOAQUIN FERNANDEZ AND GLADYS FERNANDEZ, without the admission.
of
liability, the sum of $5100,00 in full and complete settlement
all bodily injury,
loss of use, and automobile collision deductible
claims and demands
CITY COMMISSION
MEETING OF
ammo Nt7;
Seotion thaE tlio Eireotbt of •?inante is lie1e5y ,
. aUt iotitdd tO pad tO Soi t C°aio ilia t sii a ice c o parry Without
Ole adi atiOn. of 1ia3 iiit , tie sum of $5v> . S7 in fti1 and •eon1
piete sett1etnent of its coif is idn stibrogation c lai.t ' and defliatds
against tha City of Iiatni upon the etecution of 'a Releases e
a.
leasing the city of Miami from al] collision subtogation o .aims
and demands.
PASSED AND ADOPTED this i8t . -..- day of ' JAt1tJARY::
1979,
PREPARED A,APPROVED BY:
Jose B. Alvarez
Deputy City Attorney
Liocij e i S
FOL1.0\1L
RM AND CORRECTNESS:
C17 -. o w!/l tti11-, rLORIOA
VOOM
. W4
Mbnbrable Members bf
the City COMMiss ioh
'i4 r
�;:..
i i { ..:a Dedembe'r 19) 1.97
, SettleMent bf JoagUitti Fernanc et
V, City of Matti Sahitatibft Dept.
and Jessie Andrews
• D,A: 12/i5/77
, W, ;. & l8th Ave-,
Leo � • e F. i�n•,�t, Jr �i 20th St
�' t p/A M , atni j Florida
C it` Attorne,
•
.4/,� �tesolut.ion
'
Joaquin Fernandez filed a claim against the City of Miami, through
his Attorney, Gaston R. Alvarez, involving a City of.Miami sanitation
truck resulting in bodily injury, property damage, loss of Use claiMs
and an additional claim in behalf of South caro]ina Insurance Company
for a collision subrogation claim.
This accident occurred on December 5, 1977 at or near N.W. 20th
and N.W. 18th Avenue, Miami, Florida.
The ownership and operation, of a City of Miami vehicle is involved.
Responsibility rests with the City of Miami Sanitation Department and
Jessie Andrews, its operator.
Joaquin Fernandez was involved in the accident resulting in an injury
to include occipital hematoma, face contusions, cervical and lumbosacral
sprain.`
The primary physician is Federico Rosello, M.D. A permanen
rating has been given; 6%.
The total medical expense is $2043.40.
The loss of use claim is $ 134. 95.
The property damage claim is a total of $ 758. 57, including the $100.00
collision deductible..
All medical expenses and other items of damage have been verified as
to being correct.
There is no personal in protection lien applicable in this matter.
s t.
tot loriurable members of
-the 'City dommisaion •
Page 2
13 e° ethba i§ r- l§ 7 g
Settleteft of Clain
loacIUifi Vethandet VS, city' et al
•
The bbdilt injury, loss of use and collision deductible portion of
this matter can be settled for $5100.00 and $658.57 for the property
damage sub`ogated by South Carolina Insurance Company.
The above claim has been investigated by the city Attorney's office
and in accordance with Ordinance No. 8417, which creates the City
of Miami's8e1f-Insurance Program, and said office recommends that
the city of Miami pay $5100.00 in settlement of the bodily injury,
loss of use and collision deductible claims and $658.57 to settle
the insurance carriers property damage subrogation claim.