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HomeMy WebLinkAboutR-78-0554i iiiiii.i IIu u■ 111111II1I1 NTIro 8/ 4/78 RESOLUTION NO. 7 8 " 5 5 A t.ESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SALOMON CASTILLO AND ISABEL CASTILLO, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $6,000.00 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, LOSS OF USE, AND PROPERTY DAMAGE CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. "S U r' irp.r` r> c\ r Ti t` DOCUMEi TS FOLLOW" WHEREAS, Salomon Castillo and Isabel Castillo filed a claim against the City of Miami for the alleged bodily injury, loss of use, and property damage claims, resulting from an accident involving a City owned vehicle on March 17, 1977, at or near N.W. 17th Avenue and N.W. 21st Terrace, Miami, Florida; and 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 "DOCUMENT INDEX for the sum of $6,000.00. ITEM NO.. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE IV CITY OF MIAMI, FLORIDA: Section 1. That the Director of Finance is hereby authorized to pay to Salomon Castillo and Isabel Castillo without the admission of liability, the sum of $6,000.00 in full and complete settlement of all bodily injury, loss of use, and property damage claims and demands against the City of Miami, upon the execution of a release, releasing the City of Miami from all bodily injury, loss of use, property damage claims and demands. CITY COMMISSION MEETING OF S E P 1 1978 0,XWMnno.78— 5 5. 1 781 PASAtb AND AIM PREPARED AND APPROVED BY: Jose B. Alvarez Deputy City Attorney -- Law Department APPROVED AS TO FORM AND CORRECTNESS Geofge F. /'7Cn.o , Jr. City Att ey day + f 5t'TE$BBR MAURICE A. FERRE Atte Y 0 R (32i City Clerk `,`SUPPORTIVE DOC 1j ,kN TS 78-55_4 \1101.41. 4•111111111.1. • 1 8 8 tt-FFCt.--:-.!-A?..vqouil AU 3 Am 10: 52 Honorable Members of The City Commission eor Cit F. Knox, Jrf ttorney August 15, 1978 V 77-810 .kre Settlement of claim against the City by Salomon Castillo & Isabel Castillo vs. The City of Miami Finance Dept. & Don Zipern "P 16/A: 3/17/77 at 1120 A.M. P/A: N.W. 17th Avenue & N.W. 21st Terrace, Miami, Fla. Salomon Castillo and Isabel Castillo filed a claim against the City of Miami Finance Department through their Attorney, Robert F. Garcia Esquerro, which resulted from an accident involving one of the City Finance vehicles. This accident occurred on March 17, 1977, at about 1120 A.M., as a City of Miami Finance Department vehicle, Tag No. City 3274, operated by Don Zipern, eastbound on N.W. 21st Terrace, Miami, when on approaching N.W. 17th Avenue, failed to stop at the stop sign, and in so doing collided with a 1965 Dodge, Tag No. 1-150794, operated by Salomon Castillo, who had the "right-of-way" northbound on N.W. 17th Avenue, Miami. The ownership of the Finance vehicle is the City of Miami, and responsibility appears to rest against the City of Miami. Salomon Castillo was the operator and lone occupant of the 1965 Dodge. This claimant was admitted to Coral Gables Hospital on March 18, 1978 for injuries resulting from the accident. The primary physician is Dr. Omar Garcia, M.D. This doctor's most prominent finding was a hyperglycemic condition which the patient was found to have the day of admission, with a Glucose of 605 mg/100. According to Dr. Garcia's report, the patient was found to have high blood sugar, and he never knew he was a diabetic. X-rays and final diagnosis showed: Head concussion and post concussion syndrome, acute and severe cervical sprain, with soft tissue injury, acute and severe lumbosacral sprain, dorsal sprain, contused and abrased left knee and hypertension. Consulting physicians Fredrick L. Nin, M.D. and Dr. Enrique Forte, both confirmed this diagnosis. • t1oriorable Members of The City Commission August 15, 1978 As of August 5, 1977, these three doctors' medical opinion relating to final diagnosis of patient Castillo, is that he has reached the level of maximum medical improvement with regard to his soft tissue injuries, and that incurred a minimal partial disability of his body as a whole. Total Medical Expense Property Damage Total No claim for lost time and wages. $3,486.75 350.00 $3,836.75 All medical expenses and other items of damages have been verified as being correct. This includes the property damage to the 1965. Dodge. The bodily injury, loss of use, and property damage claim presented can be settled for $6,000.00. The above claim has been fully investigated by the City Attorney's office, and in accordance with Ordinance No. 8417, which creates the City of Miami's Self -Insurance Program, and said office recommends that the City of Miami pay $6,000.00 in settlement of this claim. uiiiuiiiuiiiiu.iiiiii.iiiiiiii