HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayo nd
Members ► e City Commission
FROM: Jorge L. Ferna ����j� it - ttorneyLf
DATE: May 11, 20 1 5
RE:
Proposed Settlement for City Commission Agenda — May 26, 2005
Donna Denard v. City of Miami, et al Case No.: 01-02115 CA (01)
(File No. 05-00448)
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 $65,000.
This action arises out of an automobile accident that occurred on December 10, 1999, at
the intersection of Northeast 366 Street and Northeast Federal Highway in Miami. On that date,
Donna Denard, a 47-year-old woman, was traveling northbound on Northeast Federal Highway
when she was involved in a collision with a City of Miami police car. The Plaintiff alleged that
the officer ran a red light at the intersection. The Plaintiff's version of the accident was
corroborated by two witnesses on the scene. Plaintiff's friend took her from the scene to the
emergency room at Mt. Sinai Hospital, where she was treated for back pain and released.
Plaintiff continued to have back pain and ultimately had back surgery in July, 2001. She
incurred medical bills exceeding $100,000. No disciplinary action was taken against the police
officer, who has retired since the incident and was unavailable to testify live at trial.
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 $65,000 will be
allocated from the Self -Insurance and Insurance Trust Fund, Index Code No.
515 001.624401.6.651.
Attachment(s)
W1201:mgc:CAG
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator