HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable M,,4or & Members of the City Commission
FROM: Jorge L. Fernan• : orney �1R
DATE: November 29, 200
RE:
Proposed Settlement -City Commission Agenda -December 9, 2004
Jean Dorsainvil v. City of Miami, Case No. 03-23479 CA (06)
Claim No. 000757-001410-AD-01; (File No. 04-01305)
This is an action brought by Wolfson & Grossman, P.A. on behalf of Jean
Dorsainvil for damages related to an automobile accident involving a City of Miami
Police vehicle. In response to a call, the Police Officer involved in the accident was
headed South on N.E. 2nd Avenue when he lost control of his police unit and veered
into oncoming traffic striking, head on, a Range Rover driven by Mr. Dorsainvil. As a
result of this accident, Mr. Dorsainvil underwent reconstructive surgery to the facial
region at Jackson Memorial Hospital. In addition, the Plaintiff suffered other
orthopedic problems. According to the City's Independent Medical Examiner, Dr.
Salvador M. Ramirez, Mr. Dorsainvil sustained multiple injuries as a result of this
accident which left him with a 5% permanent impairment of the body as a whole. Mr.
Dorsainvil incurred medical bills in the amount of $59, 565.35.
From the onset of negotiations, the Plaintiff sought $250,000 as a result of the
Police Officer's alleged negligence. After extensive negotiations, the parties have
agreed to this substantially reduced amount, without admission of liability.
The City Attorney's Office has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the amount of $60,000 are
available from the Sell -Insurance and Insurance Trust Fund, Index Code No.
515001.624401.6.651.
W I 123:JLF/omr
Attachment(s)
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator