HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, Ft. 33133
www.miamigov.com
File Number: 07-00781
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY ROSINE ATTAL, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF DAVID CYRIL ATTAL, DECEASED, AND
THE ESTATE OF DAVID CYRIL ATTAL, WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $50,000 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 ROSINE ATTAL, ET AL. VS. CITY
OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE
NO.: 04-01173 CA 03, UPON THE EXECUTION BY ROSINE ATTAL, OF A
GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF
THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM THE
SELF-1NSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
05002.301001.545000.0000.00000.
WHEREAS, Rosine Attal, etc., and the City of Miami are engaged in litigation in the Circuit
Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case Nos.: 04-01173 CA
03, concerning the care and treatment by Miami Fire Rescue of the decedent, David Cyril Attal; and
WHEREAS, the City Attorney's Office has investigated these claims and lawsuits, pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claim and lawsuit be settled for the sum of $50,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. l'he 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 Director of Finance is authorized to pay Rosine Attal, as Personal
Representative of the Estate of David Cyril Attal, deceased, and the Estate of David Cyril Attal, without
admission of liability, the sum of $50,000 in full and complete settlement of any and all claims and
demands against the City of Miami, in the case Rosine Attal, etc. v. City of Miami, in the Circuit Court
of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No. 04-01173 CA 03,
upon the execution by Rosine Attal, of a general release and dismissal of the City of Miami from any
and all claims and demands, on forms acceptable to the City Attorney, with funds allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 05002.301001.545000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
City of Miami Pagel of 2 Printed On: 6/4/2007
File Number: 07-00781
APPRO D ' S TO FORM AND CORRECTNESS:
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Footnotes :
{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 2 of 2 Printed On: 6/4/2007