HomeMy WebLinkAboutR-78-0060• v 76.577
RESOLUTION NO,
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO CARLOS T, FERRO AND AIDA
FERRO
WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF $90350,00 IN FULL AND COMPLETE
SETTLEMENT OF ALL BODILY INJURY, LOSS OF
USE, PERSONAL INJURY PROTECTION LIENS,
AUTOMOBILE COLLISION DEDUCTIBLE CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI,
UPON THE EXECUTION OF A RELEASE, RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND
DEMANDS, AND TO PAY TO LIBERTY MUTUAL
INSURANCE COMPANY WITHOUT THE SUM OF
$4,402.00 IN FULL AND COMPLETE SETTLEMENT
OF THEIR COLLISION SUBROGATION CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI,
UPON THE EXECUTION OF A RELEASE, RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND
DEMANDS.
WHEREAS, CARLOS T. FERRO AND AIDA FERRO,
filed a claim against the City of Miami
for the alleged bodily injury, loss of use, personal injury protection
liens and automobile collision deductible claims and LIBERTY MUTUAL
INSURANCE COMPANY, filed a claim against the City of Miami for an
alleged collision subrogation claim resulting from an accident
involving a City owned vehicle on January 14, 1976, at or near N.E.
2nd Avenue and N.E. 8th Street, Miami, Florida.
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's office in accordance with Ordinance
No. 8417, which creates the City of Miami's Self -Insurance Program,
and said office recommends that these claims be settled for the sum
of $9,350.00 and $4,402,00 respectively:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
JMEMT OF THE
INRY
OF MIAMI, FLORIDA:
ITEM NO,.' /
Section 1, That the Director of Finance is hereby authorized
to pay to CARLOS T, FERRO AND AIDA FERRO,
CITY COMMISSION
MEETING OF
JANB 4 1978
.K„
without the admission of liability, the sure
of $9,350.00 in full and complete settlement of all bodily injury,
loss of use, personal injury protection liens and automobile collision
deductible claims and demands against the City of Miami, upon the
execution of a Release, releasing the City of Miami ftom all
bodily injury, loss of use, personal injury protection liens and
automobile collision deductible claims and demands.
Section 2. That the Director of Finance is hereby authorized
to pay to LIBERTY MUTUAL INSURANCE COMPANY without the admission
of liability, the sum of $4,402.00 in full and complete settlement
of its collision subrogation claims and demands against the City
of Miami, upon the execution of a Release, releasing the City of Miami
from all collision subrogation claims and demands and all personal
injury protection liens, claims and demands.
PASSED AND ADOPTED this 24 day of January
RAL• G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
JOSE B. ALVAREZ
DEPUTY CITY ATTORNEY
Maurice A. Ferre
,1978.
MAURICE A. FERRE, MAYO R
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE . KNOX, JR.
CITY A ORNEY
��_: �ta - r1:iori_rfi
Honorable Members of
the C i Commission
1.14/sC7()
George F KnoX, jr.
City A iforney
Jantlaty 3, 1978 �f=7677
Settlement of todily Injury, Loss o
tse, Personal injury Protection
Lien, Automobile Collision bedueti..
„hie & AutoTiobile Collision Claims o
Carlos T. Ferro & Aida Ferro, as
as their insurance Carrier,
Liberty Mutual Insurance Company
b/A: 1/ 14 / 76
P/A: N.E. 2nd Ave, & 8th St.
Miami, Fla.
Carlos T. Ferro & Aida Ferro, through their attorney, have filed a
bodily injury, loss of use, personal injury protection lien, auto-
mobile collision deductible Claim, through their attorneys' Sams,
Anderson & ward.
Liberty Mutual Insurance Company has filed a subrogation,as concerns
the collision damage.
This accident occurred on January 14, 1976 at about 9:12 AM at or
near N.E. 2nd Avenue & 8th Street, Miami, Florida.
The Police vehicle was on a Code 3 using siren and blue lights as it
proceeded eastbound on Northeast 8th Street, which is controlled by a
stop sign at the intersection with N.E. 2nd Avenue, a one way southbound
street. The southbound avenue is a thru street while that which the
police vehicle was traveling is controlled by a stop sign. The police
vehicle proceeded south in the center lane. The front of the claimant
unit operated by Carlos T. Ferro, made contact with the left front side
of the police vehicle.
Carlos T. Ferro received an accute dorso-lumbar sprain, with no permanency,
an excoriation to the mid -frontal area, multiple injuries to the face,
chest, back, with possible osteoma of the left posterior parietal bone
area. There was a wedged type deformity to the dorsal spine. No fractures
were noted.
Mr. Ferro, an employee of Television Station Channel 4, had a wage loss
of $1, 804.00, of which has been verified.
The total medical expense, including eight (8) days in the hospital,
was $1, 904. 75.
Mr. Ferro's automobile, a 1975 Chrysler Cordoba was a constructive total
loss and was valued at $5,400.00 immediately previous to this accident.
TO: ftonorable Meftlbers of the January r 1978
City domtission
f.et 9ettleftlent of Ciaiftt
Ferro vs • City of Miattti
b/A: 1/14/76
The property damage subrogation of Liberty Mutual can be settled
for $4,402,00.
The bodily injury claim can be settled for $9,250.00 plus $100.00
deductible, applicable to the collision coverage.
The above claim has been investigated by the Torts Division of
the City Attorney's Office in accordance with Ordinance #8417
which creates the City of Miami Self -Insurance Program and said
Office recommends that the City of Miami pay to Carlos T. rerro
and Aida Ferro the sum of $9,350.00 and $4,402,00 to Liberty
Mutual Insurance Company for a full settlement of the outstanding
claims.
GFK/PW/aeb
Enclosure (Resolution)