HomeMy WebLinkAboutcover memoCITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Memb s of the City Commission
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FROM: Jorge L. Fernand = , + AttorneJj
DATE: December 15, 2004
RE: Francisco and Libia Alvarez vs. City of Miami
Case No. : 02-26317 CA (21) (File No. 04-01359)
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami in the above -referenced case, in the total amount of $75,000.
This action arises out of a trip -and -fall accident that occurred on December 26, 2001, at
the intersection of S.W. 9`h Street and 9th Avenue. Francisco Alvarez, an 81-year-old man, was
walking with his wife when he tripped and fell over an uplifted sidewalk. The Plaintiff fell,
struck his head, and sustained three areas of bleeding in his brain. He was hospitalized for five
days after this fall. Following this incident, the Plaintiff's condition rapidly deteriorated to the
point that he can no longer walk on his own. A home nurse is now required to assist in Mr.
Alvarez's care, and a guardian has been appointed for him. The Plaintiff's neurologist testified
that this accident contributed to the Plaintiff's rapid deterioration. The sidewalk in question was
subsequently repaired.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $75,000 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.653.
W1138:CAG
Attachment(s)
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator