HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: DISTRIBUTION LIST
FROM: Jazmine Preston -O'Neill, Assistant City Attorney
DATE: January 2, 2024
RE: BREWER, Lynda
Matter ID No.: 21-992
CONFIDENTIAL: THIS DOCUMENT IS NOT SUBJECT TO
DISCLOSURE AS A PUBLIC RECORD UNTIL SO NOTIFIED
TO THE CONTRARY BY THE CITY ATTORNEY'S OFFICE.
This document was prepared by the Miami City Attorney to
reflect mental impressions, conclusions, and litigation strategy in
pending civil litigation involving the above -referenced claimant.
This document is exempt from Public Records disclosure as either
an attorney work -product or a claims file maintained by a risk
management program until such time as all litigation relating to
said parties has been concluded or all claims arising out of the
same incident have been settled. [Section 119.071(1)(d)(1) &
768.28(16)(b), Fla. Stat. (2020)].
REQUEST FOR SETTLEMENT AUTHORITY
STATUS
This memorandum seeks settlement authority in the amount of FORTY THOUSAND
DOLLARS AND ZERO CENTS ($40,000.00) in this personal injury case for the reasons
enumerated below. Please note that City Attorney Mendez authorized $40,000.00, which has been
accepted by plaintiff's counsel.
FACTS
On March 23, 2019, the Plaintiff was walking on the sidewalk located on SW 33rd Avenue
and Coral Way when she tripped and fell on an uneven piece of sidewalk causing injuries to her
left knee, face, and mouth.
DAMAGES
As a result of the fall, the Plaintiff sustained a fracture of the left patella, facial abrasions,
skin tears over her hands and right elbow, and had to seek dental treatment for two broken teeth.
She was treated by City of Miami Fire Rescue at the scene, and later treated at Coral
Gables Hospital where she was placed in a soft cast for six weeks. Following the removal of the
cast, she underwent twelve sessions of physical therapy for her knee. The claimant's last X-rays
revealed that her knee had healed and that she would need to treat with an Orthopedic Doctor. As
for her teeth, the Plaintiff had an Oral Surgeon pry the teeth forward, she wore braces on her top
teeth for six weeks, and her dentist filled in and rebuilt the two broken teeth. The Plaintiff's dentist
advised that she will not be able to bite directly into her food and that she will need to cut her food
and chew her food by the sides of her teeth for the remainder of her life. Since this accident, the
Plaintiff complains of ongoing pain, and her knee buckles, causing her to suffer a subsequent fall
during Thanksgiving 2022 while with her family.
The Plaintiff was approximately 72 at the time of her fall and is a retired social worker
from Miami -Dade and Palm Beach County Public Schools. Her attorney presented medical bills
totaling $35,589.31, with most of the bill stemming from the emergency room visit to Coral Gables
Hospital.
ANALYSIS
The City does not have a liability defense. The Plaintiff has undergone treatment seemingly
as a result of the accident with future medical expenses expected, and the City had prior knowledge
of the cracked sidewalk stemming from a prior lawsuit from the same location.
RECOMMENDATION
Based on the foregoing, I recommend the settlement amount of sixty-five thousand dollars and zero
cents ($40,000.00) be ACCEPTED.
APPROVED/DISAPPROVED — AS RECOMMENDED ABOVE
VICTORIA MENDEZ
City Attorney
JOHN A. GRECO
Chief Deputy City Attorney
KEVIN R. JONES
Deputy City Attorney
KERRI L. MCNULTY
Division Chief
ARLENE CAMPOS
Assistant City Attorney
BRYAN CAPDEVILA
Assistant City Attorney
ERIC J. EVES
Assistant City Attorney
BRANDON L. FERNANDEZ
Assistant City Attorney
LAUREN KAIN WHALEY
Assistant City Attorney
CASSANDRA MILNES
Assistant City Attorney
MARGUERITE SNYDER
Assistant City Attorney
KENNY VIXAMA
Assistant City Attorney
NOTIFIED OF CITY ATTORNEY'S DECISION:
ANN-MARIE SHARPE, Director
Department of Risk Management