HomeMy WebLinkAboutcover memoCITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of
FROM: Alejandro Vilarello,
DATE: March 30, 2004
ommission
RE: Madile De Smith's City of Miami, et al.
CASE NO.: 02-168 2 CA (27)
Claim No.: 017/GL/2002/104
RE.2
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 $24,500. Pursuant to §18-232
(c) of the City Code only proposed settlements in excess of $25,000 shall be submitted to the City
Commission for its approval prior to acceptance. However, this particular settlement was
requested to be presented to the City Commission by one of its members.
This is a personal injury action arising from a September 4, 2001 automobile accident at
the intersection of S.W. 22nd Terrace and S.W. 24th Avenue. The plaintiff alleges the City was
negligent in allowing overgrown trees to obscure two stop signs facing westbound traffic on
S.W. 22n 1 Terrace. The palm trees in question were growing in the swale area, which is a
designated City right-of-way. The collision resulted in a severe, disfiguring injury to plaintiffs
left hand.
The plaintiff sued the City, Miami -Dade County, the driver of the other vehicle, and the
adjacent property owner. The adjacent property owner admitted to mowing the grass in the right-
of-way, but not to trimming trees growing there. Plaintiff settled with the adjacent property
owner for $115,000, and with Miami -Dade County for $15,000. Although Miami -Dade County
is responsible for maintenance of all stop signs in the County, Florida courts have recognized that
a city has a duty to cut back foliage that creates an obstruction to a motorist's view.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $24,500 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
W1039:CAG
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator