HomeMy WebLinkAboutR-78-0020RESOLUTION NO. 7 ` 9;~
:1 RESOLUTION :1t1'iIIOR1 i \(' '1111; i)I R.1:C'i OR OF
FINANCE TO PAY TO MARY E . D:1\ 11:1. AND EARNEST
I):1\11:1,, HER iiUS;i:\\I), WITHOUT THE ADMISSION
or LIABILITY, "I'i11: SUM OFF FORTY-FiVE iIUNDRED
DOLLARS ('S-1500. t)O) IN FULL AND COMPLETE
S1:11'1.l:Ml:;;1 OF THEIR CLAIM AGAINST TII1: C1 TY
OF 'M1IAM1 AND JAMES K. MIZL FOR ALLEGED
PERSO\:11. 1\.JtJRTLS St1STAINl:i) BY MARY 1i. DA\1IL,
UPON 111E EXECUTION OF :\ RELEASE RELEASING THE
If C[ I'1' OI MIA'11 .ANl) J:A�1IiS W. MI21: FROM ALLits I % 'GCL:A1'•iS AND I) l)l:',1:A`I)S.
▪ . • At`:- � 1 S
V.).‘ '
LIO VHFRFAS, the Plaintiffs, MARY E. 1)ANilil. and EARNEST DANII L,
her husband, filed an action against the City of Miami and James
W. Mize, :1 City employee at the time, in the Circuit Court of
Dade County, hearing Nunlher-o-'_'(,.'_', alleging; that DIARY L.
P\\IEL incurred person:ll injuries due to a motor vehicle collision
involving a City o1 iliaMi motor vehicle on August 18, 195; and
lilllltl::\S, this claim has heen investigated by the Office of
the City Attorney and after considerable negotiations with the
Attorneys for the Plaintiffs, a settlement in the amount of
Forty -rive Hundred Dollars ( S4S90.00) would he acceptable to the
Plaintiffs; and
lilil:RLAS, the Office of the City :Attorney recommends that this
law suit he settled for the sum of forty -live Hundred Dollars
($4500,00) which includes the Plaintiffs' medical expenses and
legal costs;
NOW, THEREFORE, BE 1'1' RESOLVED BY THE COMMISSIO\ OF THE
(:11Y or '11x,11, FLORIDA: "DOCUMENT I DEX
r r
Section 1. That the Director of Finance Hance i�T41k c1��t• -rti-t rued
and directed to lay to MARY E. DANIEL. and EARNEST DAN1LL, her
bus hand, without the admission of liability, the sum of Forty -live
Hundred Dollars ($1500.00) in fu11 and complete settlement of her
claim against the City of Miami and .James W. Mize, including all
medical expenses and legal costs, upon the execution of a release
releasing th.e City of Miami and .James W. Mize from all claims and
demands.
y CITY cOMMIa:IC:.,1
MEETING OF
JAN 1 1 1978
78-2('0
REiOLUH(JN iri.
REMARKS:..--
1 T7
PASSED AND ADOPTED this "th day of JA:sr_TARY
CITY CLERK
A:T''E A.
1 .1 Y ()
RIMJ11
PREPARED AND APPROVED BY:
Clinton Pitts, ssistant City Attorney
APPROVLD AS TO rowq AND CORRECTNESS:
;--
A .
George F. friox, JrC ., ity Attorney
'SUPPn.,
•,e- ?.
‘,+
•
' t,
-1
641VOttit, "X' - 0.,r2
.1 eta:
1.6
The Honorable Members of
the City Commission
3714.•
Georg 1 . Knox, .Jr
City , torney
e C
December 29, 1977
L-76-103
Mary 1:. Daniel and Earnest Daniel,
her husband vs. City of Miami and
.James W. Mize
Circuit Court No. 7(-22622 (18)
(Resolution)
The Plaintiffs, Mary E. Daniel and Earnest Daniel, her husband,
filed an action against the City of Miami and .James W. Mize, a
City employee at the time, claiming personal injuries as a result
of a motor vehicle collision involving a City of Miami motor
vehicle, on August 18th, 1975, in front of 850 N.W. 23rd Street,
in the City of Miami.
The law suit alleged that Mrs. Daniel's vehicle, which had the
right-of-way at the time of the collision, was struck by the City's
vehicle and, as a result of the collision, Mrs. Daniel suffered a
loss of a permallellt tooth as well as contusions and abrasions.
Witnesses at the scene of the accident testified at deposition
that the City's vehicle was at fault.
Mrs. Daniel's medical hills and car damages amounted to approxi-
mately S17) ).01). She suffered a minimal but permanent disability
due to this vehicular collision, and at age 33, this leaves the
City vulnerable to :in adverse verdict against the City of Miami.
Plaintiffs' original demand for settlement was 1I1 the amount Of
S1)),5(11).00. .After considerable negotiation, counsel for the Plaintiffs
has agreed to accept the sum of $1500.00 in full and complete settle-
ment of all claims including medical costs and attorney's fees.
The City .lttorney's Office recommends that this claim be settled
for the sign of S15i)1).00 in full and complete settlement of all claims
ll1c111d1n0, medical costs and attorney's fees.
G1l:/tl.11'/ f 1
Resolution attached
■ 8 " 2