HomeMy WebLinkAboutR-78-0470PW:ro
6/13/78
RESOLUTION NO, 7 8 4 70
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MARIA C. VIDAL AND
BART C. VIDAL WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $20,000.00 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.
WHEREAS, Maria C. Vidal and Bart C. Vidal 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 May 7, 1976, at or
near N.W. 19th Avenue and N.W. 18th Street, 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
for the sum of $20,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA: "DOCUMENT .INDEX
Y d ,►
Section 1. That the Director oSTin e� i hcrcby
authorized to pay to Maria C. Vidal and Bart C. Vidal, without
the admission of liability, the sum of $20,000.00 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
J U L 1 3 1978
RESOLUTION NO
0
REMARKS: , ,......,
PASSED AND ADOPTED this 13 _._ day Of JULY
PREPARED AND APPROVED BY:
Jose B. Alvarez
Deputy City Attorney
Law Department
APPROVED AS TO FORM AND CORRECTNESS
George F. Knox, Jr.
City Attorney
MAURICE A: FERRE
MAYOR
MEC
MIKIE
NEW
78-':70
TO:
FROM:
37
Honorable MeM ers of
The City Comm issicn
George P. ttrio , Jr.
City Attorney
Jure 13, 1978
V76-635
Settlement of Clain against
the City by Maria C. Vidal
and Bart Ca Vidal vs. The
4 '='NC'="City of Miami Police Department
and Officer Carlos Fernandez
5/7/76 at 3:46 P.M.
P/A: N.W. 19th Ave. &
N.W. 18th Street, Miami
Maria C. Vidal and Bart C. Vidal, have filed a claim against the
City of Miami Police Department, which results from an accident
involving one of the Police vehicles.
This accident occurred on May 7, 1976 at about 3:46 P.M., in the
intersection of N.W. 19th Ave. & N.W. 18th Street, Miami, Florida.
The Police vehicle was southbound on N.W. 19th Ave. at a speed of
approximately twenty-five (25) miles per hour as it passed through
a stop sign without decrease of speed. It was not on an emergency
at that point in time. The operator was observing a suspect and
failed to note the traffic sign. At the point that the sign was
noted, the Vidal unit was eastbound entering the intersection on
N.W. 18th Street. Collision could not be avoided and the front
of the Police unit made contact with the left front side of the
Vidal unit, causing change of direction of each with the left rear
side of the Vidal unit making contact with the right rear quarter
panel of the Police unit after which the Vidal vehicle proceeded
to the S.E. corner of the intersection, proceeding through a fenced
yard.
The ownership of the Police vehicle is with the City of Miami, and
responsibility appears to rest fully against the City of Miami.
Maria C. Vidal was the operator and lone occupant of the vehicle
and she received a distension of the supraspinal ligament L-1-2-3
which has a limited range of motion of the lumbosacral spine and
a moderate degree of paravertebral muscle spasm. Mobility of the
left leg has been diminished by about 50%. LP headaches were noted
after a myelogram had been completed in August of 1976. A final
diagnosis of chronic low back pain is noted and several Doctors
have rated this at 5% of the body as a whole.
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ignorable McMbers of June 13, 1918
The City COmmissior
Difficulty in sitting or standing for prolonged lengths of
time is noted and is continued to be treated through epidural
injections as needed.
Medical treatment was completed by Claudio J. Diaz; M.D. (Neurolo-
gist), Ivan Barrios, M.D. (Orthopedic surgeon) and Harold Murray,
M.D. (General Practitioner).
Total medical expense at this point in time is $4,775.30 including
inpatient time at Victoria Hospital and American Hospital. Total
time in the hospitals amounts to ten (10) days.
Lost time and wage verified totals $1,520.70 and covers a total
time period from May 7, 1976 through March 9, 1977, which was
taken on an as needed basis.
All medical expenses and other items of damages have been verified
as being correct. This includes the property damage to the 1976
Pontiac Sunbird in the amount of $1,793.22.
The bodily injury, loss of use, and property damage claim presented
can be settled for $20,000.
The above claim has been fully investigated by the City Attorney's
Office and in accordance with Ordinance #8417, which creates the
City of Miami's Self Insurance Program and said Office recommends
that the City of Miami pay $20,000 in settlement of this claim.
GFK/PW/db