HomeMy WebLinkAboutR-07-0341City of Miami
Legislation
Resolution: R-07-0341
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00781 Final Action Date: 6/14/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY ROSINE ATTAL, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF DAVID CYRILATTAL, DECEASED, AND
THE ESTATE OF DAVID CYRILATTAL, 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-INSURANCE
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. 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 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
Page 1 of 2 File Id: 07-00781 (Version: 1) Printed On: 3/31/2017
File Number: 07-00781 Enactment Number: R-07-0341
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 File Id: 07-00781 (Version: 1) Printed On: 3/31/2017