HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
4iami,'FI_ 33133
www.miamigov.com
File Number: 06-01424 final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS),
APPROVING THE ENTRY OF A CONSENT JUDGMENT IN THE AMOUNT OF
TWO MILLION SIX HUNDRED TWENTY-FIVE THOU'SAN10 DOLLARS
($2,625,000) IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF .MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN
THE CASE OF ALDO AND MARIA SELVA, INDIVIDUALLY AND AS THE
NATURAL PARENTS OF KATHERINE SELVA, A MINOR V. CITY OF MIAMI, CASE
NO. 01-19376 CA {23), UPON EXECUTING A GENERAL RELEASE, SUBJECT TO
SUBSEQUENT RELIEF, FOR THE CITY OFMIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS; AUTHORIZING THE DIRECTOR OF 'FINANCE TO PAY, MARIA
ALCOBER, AS TRUSTEE FOR KATHERINE SELVA, SPECIAL NEEDS
IRREVOCABLE TRUST, WITHOUT ADMISSION OF LIABILITY, THE SUM OF
TWO MILLION SIX HUNDRED TWENTY-FIVE THOUSAND DOLLARS
($2.625,000) AS DELINEATED IN THE PETITION AND ORDER FOR APPROVAL
OF SETTLEMENT, SUBJECT TO THE ENACTMENT OF A CLAIM BILL AND
SUBJECT TO PAYMENT OF REIMBURSEMENT TO MEDICAID, AND AGREEING
TO SUPPORT THE PASSAGE OF CLAIM BILL IN TH'E AMOUNT OF THE
UNSATISFIED DIFFERENCE BETWEEN THE STATUTORY DOLLAR LIIVI1T AND
THE FULL AMOUNT Of THE TORT JUDGMENT IN THE AMOUNT OF TWO
MILLION FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS {'$2,425,000);
ALLOCATING' FUNDS IN THE AMOUNT OF$2,625,000 (TWO -MILLION SIX
HUNDRED TWENTY-FIVE THOUSAND DOLLARS) FROM THE
SELF-INSURANCE AND INSURANCE TRUST'FUND, INDEX CODE NO.
515001.62-401.6653
WHEREAS, Aldo and Maria Selva, individually and as the natural parents and ,guardian of
Katherine Selva, filed a claim and lawsuit against the City of Miami, in the Circuit Court of the Eleventh
Judicial Circuit of Florida, Case No. 01-19376 CA (23); and
WHEREAS, on October 19, 1999, Aldo and Maria Selva were awoken in the middle of the rtig•ht es
their daughter, Katherine Selva endured seizure activity and they called -911 for emergency assistance;
and
WHEREAS, several employees of the City of Miami Fire -Rescue Department responded and
Katherine Selva was under their care and treatment; and
WHEREAS, Katherine Selva suffered permanent brain damage as a result of lack of oxygen
during the pre -hospital care; and
WHEREAS, Katherine Selva is in a permanent vegetative state, and will require
-seven-day-a-week, around -the- clock care under trained supervision for the -remainder of her life; and
City of Miami Page 1 of 3 Printed On: 8/31/2006
file Number 48-01424
WHEREAS, Section 768.28{5) F.S., imposes a'$100,-000 limit per person, and '$200,000limit per
incident, on the collectability of any tort judgment based on government's liability; and
WHEREAS, these limits do not preclude Plaintiffs from obtaining judgments in excess •ofthe
statutory cap; however, Section 11.066, F.S., requires a claimant to petition the Legislature in
accordance with its rules, to seek an appropriation to pay a judgment against the governmental entity;
and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit, -pursuant to
Sections 401.45(4) .& 768.13(b)2 of the Florida Statutes, as amended, and recommends that said
claim and lawsuit be settled for the sum of$2,625,000;
NOW, THEREFORE, BE IT RESOLVED BY THE 'COMMISSION OF TOE CITY OF MtAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City of Miami agrees to the entry of a consent judgment in the amount •of Two
Million Six Hundred Twenty -Five Thousand Dollars ($2,62'5,000) in full and complete settlement of any
and all claims and demands against the City of •Miami, its officers, agents and servants in the case of
Aldo and Maria Selva, individually and as the natural parents of Katherine Selva.
Section 3. The City Commission agrees to support the enactment of a claim bill in the amount of
the unsatisfied difference between the statutory dollar limits on collectability and the full amount of the
claimant's tort judgment against the municipality, specifically, Two Million Four Hundred Twenty -Five
Thousand Dollars '$2,425,000).
Section 4. The Director of Finance is authorized to pay Maria Alcober, as trustee for Katherine
Selva, Special Needs irrevocable Trust, without admission of liability, the sum of Two Million 'Six
Hundred Twenty -Five Thousand Dollars 42,625,000), as delineated in the Petition and Order for
Approval of Settlement, in substantially the attached loan. Payment of any amount over$200,000 is
subject to the enactment of a claim bill and is subect to the reimbursement amount 011ie io the Florida
Agency for Health Care Administration in the case of Aldo and Maria Selva, individually andes the
natural parents ofKatherine Selva, a minor v. City of Miami, Case No. '01-19376 CA {Q3), in
Miami -Dade County, Florida, upon executing a general release subject to subsequent relief, for the
City of Miami, its present and former officers, agents and employees from any and all claims and
demands with funds allocated from the Self Insurance and tnsuranoe Trust Fund, index Code 4lo.
515001.624401.6.653.
Section 5. This Resolution shall become effective immediately upon its adoption and signatureof
the t1/layor.(1)
APPROVED AS TO FORM AND CORREC'I'`NE'SSe/
RGE i . FE ` NANDEZ
CITY AT ORS EY
(5-s)'
Cuy of Miami
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Printed On: 8/28/2006
File Number:.06-0442A
Footnotes :
{1) If the Mayor does not sign this Resolution, it shall become effective at the end often calendar days
from the date it was -passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami
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