HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
DATE:
RE:
Honorable Mayor
Jorge L. Fernan
May 20, 2005
d Members of the City Commission
Proposed Settlement or City Commission Agenda — June 9, 20%
Claudia Roger vs, City of Miami Case No. 04-04534 CA (06)
(File No. 05-00456)
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 $37,000.
This action arises out of a November 15, 2002 automobile accident that occurred on State
Road 836 near LeJeune Road. On that date, Claudia Roger, a 30-year-old woman, was traveling
eastbound when she was involved in a collision with a City of Miami car operated by an
employee of the Public Works Department. The City's driver was cited for an improper lane
change. Plaintiff's car was declared a total loss as a result of the accident, and the City paid her
the property damage claim prior to her lawsuit for personal injuries. Fire -Rescue Department
transported the Plaintiff from the accident scene to Cedars Hospital where she was treated for a
facial injury and released. Plaintiff continued to have pain in her back, right knee and right
shoulder and was eventually diagnosed with a herniated disc in her lumbar spine and internal
derangement of the right shoulder. She incurred medical bills of approximately $22,000. No
disciplinary action was taken against the City's driver.
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 $37,000 will be allocated from
the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
Attachment(s)
W 1204:CAG:tpr
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator