HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Mayor and M,s of the C y Commission
FROM: Jorge L. Feman Attorney
DATE: July 19, 2005
RE: Proposed Settlement for City Commission Meeting — July 28, 2005
Suporte Clefin, et al., vs. City of Miami, Case No. : 01-24885 CA (21)
(File No. 05-00737)
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 $55,000.
This action arises out of a March 2, 2001 automobile accident that occurred on Northwest
54`1' Street and 15` Avenue. On that date, Suporte Clefin, a 38-year-old man, was driving a
pickup truck traveling westbound on 54th Street with two passengers in the front seat and his 16-
year-old son riding in the bed of the truck. A City of Miami police car was traveling in the
opposite direction when a phantom vehicle cut off the police car, causing the officer to lose
control of her patrol car and collide with Plaintiffs' vehicle. The phantom vehicle fled the scene
of the accident, and the driver was never located. Plaintiffs car was declared a total loss as a
result of the accident. Fire -Rescue transported Plaintiff Suporte Clefin and the police officer to
the hospital. Plaintiff Suporte Clefin claims to have suffered a torn rotator cuff in his right
shoulder and a herniated disc in his cervical sprain. His suffered sustained a permanent scar on
his neck, and claims back injuries. Suporte Clefin missed 120 days from work and claims
$19,000 in past lost wages. Plaintiffs incurred medical bills totaling $33,836, and have estimated
future medical bills of $50,000. 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 $55,000 will be
allocated from the Self -Insurance and Insurance Trust Fund, Index Code No.
515 001.624401.6.651.
Attachment(s)
W 1223:CAG
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator