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CA.16
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMO ' : ► DUM
TO: Mayor and Members of the ' - ommission
FROM: Alejandro Vilarello, Ci, o ey
DATE: December 1, 2003
RE: Proposed Settle ommission Agenda- 1 e . -r 18, 2003
Marie Metelus, _ • ., vs. ity of Miami, Case No. 03-01673 CA 05
Claim No. 012/GL/21 d2-123 (File UN 03-0171)
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami in the above -referenced case, in the amount of $70,000.
This is an action brought by Jeffrey Davis, Esq., on behalf of Marie Metelus as Personal
Representative of the Estate of Luc Metelus against the City of Miami for Wrongful Death. The
Plaintiff asserts that the City of Miami Department of Fire -Rescue acted with reckless disregard
for the health of the decedent on March 31, 2002, when Fire -Rescue was called to 173 Northwest
56th Street, Miami, Florida, four (4) times. The first three (3) times Fire -Rescue neither
transported the Decedent nor obtained a waiver of transport. The fourth time the decedent died
of purulent peritonitis caused by a perforated duodenal ulcer in the transport vehicle.
Plaintiff sought $200,000 at the outset of this litigation as a result of the alleged
negligence of the Fire -Rescue personnel. The parties agreed to this substantially reduced amount
after preliminary litigation and mediation.
The Lieutenant in charge of the Fire -Rescue crew that responded to the calls in question
received a 36-hour suspension for several violations of Miami Fire -Rescue EMS procedures,
transport policies and patient care violations.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $70,000 are available from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
Attachment(s)
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
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