HomeMy WebLinkAboutR-06-0534City of Miami
Legislation
Resolution: R-06-0534
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01424 Final Action Date: 9/12/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE ENTRY OF A CONSENT JUDGMENT IN THE AMOUNT OF TWO
MILLION SIX HUNDRED TWENTY-FIVE THOUSAND 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 OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY, MARIAALCOBER, 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 THE AMOUNT OF THE UNSATISFIED DIFFERENCE BETWEEN
THE STATUTORY DOLLAR LIMIT 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. 515001.624401.6.653
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 night
as 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 File Id: 06-01424 (Version: 1) Printed On: 2/15/2017
File Number: 06-01424 Enactment Number: R-06-0534
WHEREAS, Section 768.28(5) F.S., imposes a $100,000 limit per person, and $200,000 limit 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 of the
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 THE CITY OF MIAMI,
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 ($2,625,000) 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 ($2,625,000), as delineated in the Petition and Order for
Approval of Settlement, in substantially the attached form. Payment of any amount over $200,000 is
subject to the enactment of a claim bill and is subject to the reimbursement amount due to the Florida
Agency for Health Care Administration 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), 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 Insurance Trust Fund, Index Code No.
515001.624401.6.653.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
City of Miami Page 2 of 3 File Id: 06-01424 (Version: 1) Printed On: 2/15/2017
File Number: 06-01424 Enactment Number: R-06-0534
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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 Page 3 of 3 File Id: 06-01424 (Version: 1) Printed On: 2/15/2017