HomeMy WebLinkAboutR-78-006316-658
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO JUDY MAXINE DUHART AND
WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF
$9,750.00 IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY, PERSONAL INJURY
PROTECTION LIENS, AND WORKMEN'S COM-
PENSATION LIENS, CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, AND UPON EX-
ECUTION OF A RELEASE, RELEASING THE.. /-� lrI
CITY FROM ALL CLAIMS AND DEMANDS. «U��• � l
__ -- -- - - - FOLLOVV"
WHEREAS, JUDY MAXINE DUHART,
, filed a claim against the City of Miami for alleged bodily
injury, personal injury protection lien, and Workmen's Compensation
Liens, resulting from an accident, involving a City -owned vehicle
on June 30, 1976, at or near N.W. llth Avenue and N.W. 56th 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 $ 9,750.00 respectively;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby autr zed
to pay to JUDY MAXINE DUHART"DOCUMENT INDEi ��.,,
without the admission of liability, the sum of�,45 o n ru11
and complete settlement of all bodily injury, personal injury pro-
tection liens, and Workmen's Compensation Liens, claims and demands
against the City of Miami, upon the execution of a release, releasing
the City of Miami from all bodily injury, personal injury protection
CITY COMMISSION
MEETING OF
JA42 4 1g78
Omar+ r1 ,
111101K.0.o.
liens, Workmen's Compensation Liens, claims and demands.
PASSED AND ADOPTED this 24 day of January
ATTEST:
RALPI G. 0 GIE, CITY CLERK
PREPARED AND APPROVED BY:
JOSE B. ALVAREZ
DEPUTY CITY ATTORNEY
Maurice A. Ferre
MAURICE A. FERRE, M A Y 0 R
APP VED AS TO FORM AND CORRECTNESS:
2GE F. KNOX, JR.
CITY PORNEY
SU1 P O
DCCUMEN^i
FOLLOW"
tanorable Members of the
City Coitlissin
eOrg F. Znox, Jr.
City +ttorney
i/
Dedefiiber 17, 1977 tV 76..655
Settlement of bodily injury
elaifrt of Judy Maxine Duhart
Miss Judy Maxine Duhart has filed a claim against the City
of Miami through her Attorney, Richard B. Burke, which includes
a bodily injury claim and a waiver of lien by Metropolitan Dade
county's Workmen's Compensation Self -Insurance Division.
This accident occurred on June 30, 1976, at or near N.W. llth
Avenue and N.W. 56th Street, Miami, Florida.
The City vehicle was westbound on N.V. 56th Terrace, .approaching
intersection with N.W. llth Avenue, which has yield signs on
each side of the intersection for East-West traffic. A Metro-
politan Dade County school bus was parked on the N.E. corner,
fairly close to the sign. The City vehicle operator was not
overly familiar with the area and proceeded into the inter-
section at about 20 to 25 miles per hour.
Brakes were applied and evasive action was taken; however, not
enough to avoid a collision with a Dade County vehicle driven
by Miss Duhart. The front left end of the City unit made
contact with the right rear quarter panel of the Dade County
vehicle.
Judy Maxine Duhart was the operator of the claimant vehicle,
receiving a post -concussion syndrome, chronic cervical strain
with asymmetry of the articular facet of L5-S1 on the right
side, R/O fracture, and a fifteen percent disability of the
body as a whole. Mild scoliosis of the lumbo-sacral spine,
convex to the left.
This individual lost twelve weeks from work, which was
verified at $4,860.18.
The total medical expense was $5,719.54.
7 <J
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4 rj e
TO: Honorable MeMberS of the
City ComMission December 17, 1977
The claimant's bodily injury claim can be settled for a total
of $13,000.00. of which reat American Insurance Company has
agreed to pay $80250.00. This results in a net payout for
the City of $9,750.00, an amount less than the total special
damages of $10,575.72.
The above claim has been investigated by the Torts Division of
the City Attorneys office, and in accordance with ordinance No.
8417, which creates the City of MiaMils Self -Insurance Program,
and said office recommends that the City of Miami contribute
$9,750.00 towards the settlement.
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