HomeMy WebLinkAboutR-78-074214
RESOLUTION • N0 _,7..8_ ` 4
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE OF THE CITY OF MIAMI TO PAY TO
LINDA SCHWARTZMAN, WITHOUT THE ADMISSION
OF LIABILITY, THE SttM OF FORTY,,THREE THOUSAND
EIGHT HUNDRED DOLLARS ($43,800,00) IN FULL
AND COMPLETE SETTLEMENT OF HER CLAIM AGAINST
THE CITY OF MIAMI AND POLICE OFFICER MINETTE
ELAINE PITTS FOR ALLEGED PERSONAL INJURIES
l``� Y RER, UPON THE tXtCUTION OF A
*11" '� SUSTAINED EASERELEASING THE CITY OF MIAMI AND POLICE
"SUPPj ��� ICER NIINET'rE ELAINE PITTS FROM ALL CLAIMS
DOCU MN 1AI,D DEMANDS
FOLLOW„
WHEREAS, the Plaintiff, LINDA SCHWARTZMAN, filed an action
against the City of Miami and Police Officer Minette Elaine Pitts
in the Circuit Court of Dade County, Florida, bearing Number
77-15680, alleging that she incurred personal injuries due to
a motor vehicle accident with a police car at the intersection
of N.J. 7th Avenue and 20th Street in the City of Miami, on
April 8, 1977; and
WHEREAS, this claim has been investigated by the Office of
the City Attorney for the City of Miami, and after considerable
discovery and negotiations with the attorney for the Plaintiff,
a settlement in the amount of Forty-three Thousand Eight Hundred
Dollars ($43,800.00) would be acceptable to the Plaintiff; and.
WHEREAS, the. Office of the City Attorney recommends that
this law suit be settled for the sum of Forty-three Thousand Eight
Hundred Dollars ($43,800.00), which includes the Plaintiff's
medical expenses of more than Twelve Thousand Dollars ($12,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
"DOCUMENT INDEX
CITY OF MIAMI, FLORIDA:
MMfn "
Section 1. That the Director of FinanceE'i's' ii' rebyy authorized
and directed to pay to LINDA SCHWARTZMAN, without the admission of
liability, the sum of Forty-three Thousand Eight Hundred Dollars
($43,800.00) in full and complete settlement of her claim against
CITY COMMISSION
MEETING Ot
0E0141978
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against the City of Miami and Police Office' Minette itaif e
Pitts, including her medical expenses of more than Twelve
Thousand Dollars ($12,000.00),far alleged personal injuries
sustained by her, upon the execution of a release releasing the
City of Miami and Police Officer Mitiette Elaine Pitts from all
claims and demands
PASSED AND ADOPTED this 14th day of December , 1978,
Maurice A. Ferre
MAY O R
PREPARED AND APPROVED BY:
r73-742
.the. Hbhot ble - Membe-rs
f .r City-Cbtfuniss `on
Georg 1, Knox, j
City torney
Eecember A, 1978
Linda -I ►chwatztlman its r•
City of Miami and-•Minette E1aifle
Pitts.,_(Circult Court N..1...�,1G$„h)
(Resolution)
The Plaintiff, Linda I. Schwartzman, filed an action against the
City of Miami and Police Officer Minette Elaine Pitts on May 25,
1977,.claiming personal injuries as a result of a motor vehicle
collision on April 8, 1977, at the intersection of Northwest 7th
Avenue and 20th Street, in the City of Miami, Florida. The police
motor vehicle was completely demolished and as a result of the
collision was declared "totaled".
Miss Schwartzman, age 19 at the time, suffered a fracture of the
left femur and had a steel rod in her leg for one year which was
removed in May, 1978. As a result of her injuries, she was unable
to attend school or continue work.
After the filing of the law suit, the City Attorney's Office engaged
in vigorous pre-trial discovery and preparation for trial. Plaintiff's
original demand for settlement was in excess of $100,000. After
considerable negotiation involving the City's limitation on liability
pursuant to Florida Statutes 768.28, counsel for the Plaintiff has
agreed to accept the sum of $43,800 in full and complete settlement
of this law suit, including the Plaintiff's medical expenses of more
than $12,000.
To avoid exposing the City of Miami and the police officer driver to
an adverse verdict and a judgment that will possibly be substantial
monetary -wise, the City Attorney's Office recommends that this claim
be settled for the amount of $43,800. in full and complete settlement
of all claims against the City of Miami and Police Officer Elaine
Minette Pitts, including the medical expenses incurred by the Plaintiff.
GFK/C.]P/fl
(Resolution attached)