HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor .+,d Memb- of the City Commission
FROM: Jorge L. Fernand: �i► . Attorne
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DATE: March 8, 2005
RE:
Proposed Settlement for City Commission Meeting — March 24, 2005
Juliana Ruiz vs. City of Miami
Miami -Dade Circuit Court, Case No: 04-4296 CA (21)
(File No. 05-00159)
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami in the above -referenced lawsuit, in the total amount of $50,000.
This action arises out of a trip -and -fall accident that occurred on March 15, 2003, at the
intersection of N.W. 2"d Street and 10th Avenue. Juliana Ruiz, a 63-year-old woman, was
walking when she tripped and fell over an uplifted sidewalk. Fire -Rescue transported the
Plaintiff to the hospital where she was diagnosed with a dislocated and fractured left elbow, and
fractured right knee. The Plaintiff underwent multiple surgeries and incurred medical bills of
approximately $70,000. Opposing counsel identified a witness who stated that she had notified
the City of the sidewalk's condition prior to the date of Plaintiff's accident. The sidewalk in
question has been repaired. Opposing counsel has agreed to accept $50,000 for settlement of
this matter.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the amount of $50,000 will be
allocated from the Self -Insurance and Insurance Trust Fund, Index Code No.
515001.624401.6.653.
Attachment(s)
W1184:CAG
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator