HomeMy WebLinkAboutR-78-0275RFC/tb
4/12/78
RESOLUTION NO. 7 - i 3
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO WAI YU CHENG THE SUM OF
$37.000 PLUS TAXABLE COSTS IN THE AMOUNT
OF $1.467,70 IN FULL AND COMPLETE SATIS-
FACTION OF TIME JUDGMENTS ENTERED IN THE
CIRCUIT COURT IN AND FOR DADE COUNTY,
FLORIDA, IN FAVOR OF WAI YU CHENG AND
AGAINST THE CITY OF MIAMI,
WHEREAS, the Plaintiff, WAI YU CHENG filed an
action against the City of Miami on March 18, 1977 for
sonal injuries she sustained as a result of a rear -end
per -
type
collision between the vehichle in which she was a passenger
and a City Sanitation truck, on March 26, 1976, at S.W. 17th
Avenue and South Dixie Highway; and
WHEREAS, trial was had in the Circuit Court and a
verdict was rendered by the jury in favor of the Plaintiff in
the amount of $63,280, which verdict was reduced by the Court's
granting of a remittitur to the amount of $43,280; and
WHEREAS, costs have been taxed in the amount of
$1,467.70; and
WHEREAS, after negotiation, counsel for the Plaintiff
has agreed to accept the sum of $37,000 plus
the amount of $1,467.70 in full and complete
judgments and taxable costs entered against
and
taxable costs in
satisfaction of the
the City of Miami.;
WHEREAS, it is advantageous for the City of Miami to
pay this sum
interest;
to effect a savings and to avoid the running of
"DOCUMENT INDEX
jjjJ� ►,
NOW, THEREFORE, BE IT RESOLVEDT BY THE• -CO- 34-F9'S-i-6N OF
THE CITY OF MIAMI, FLORIDA:
Section 1.
The Director of Finance is hereby directed
to pay to WAI YU CHENG the sum of $37,000 plus taxable costs in
"SUPpcelt '•!r
FC L OW'
t `If COMMi (ON '
MEETING OF
APR/1978
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the amount of $1,467,70 in full arid complete satisfaction
of the judgments entered in the Circuit Court in favor of
WAt YU CHENG,
PASSED AND ADOPTED this L7 day of APRIL
ATTEST:
RAPL(\C, .
--�-
NGIE, CITY CLERK
PREPARED AND APPROVED BY:
C
MAURICE A. FERRE
1978►
MAURICE A. FERRE, MAYO R
ROBERT F. CLARK, ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F/ KNOX, JR., CITY
_2_
DOC,
' TS
1 IV L 'j W
28
Honorable Members of the
City Commission
org- F. Knox, Jr,
City , to rn ey
April 120 1978
Wai Yu Cheng v. City of Miami et. a
Settlement of Suit
The Plaintiff, Wai Yu Cheng, filed an action against the City of Miami
in the Circuit Court for damages as a result of personal injuries sus-
tained by her on May 26, 1976 when the vehicle in which she was a pass-
enger was struck in the rear by a City Sanitation truck at S.W. 17th
Avenue and South Dixie Highway.
As a result of the accident, Ms. Cheng, a 23 year old concert pianist
student,suffered injuries to her neck, shoulder and upper back, as well
as her right arm. She was treated extensively by Drs. Drucker and
Dennis, orthopedists, and Dr. Luxenberg, a neurosurgeon. All of the
physicians as well as a court -appointed orthopedist awarded her 5%
permanent disability due to the cervical injury.
Because of a continuing demand by Plaintiff's counsel for $100,000,
which was considered unreasonable, trial was held in March, 1978,
with liability directed against the City, due to the facts of the
accident. Following a jury verdict in the amount of $63,280, the
favorable granting of a remittitur motion reduced the amount of the
verdict to $43,280.
Plaintiff's counsel, after negotiating with our office, has agreed to
accept $37,000, which is $6,280 less than the reduced verdict, and to
accept $1,467.70 as costs, for a complete and final settlement if
payment is made now.
In the event of an affirmance upon appeal, the interest for the appeal
period of approximately 8 or 9 months would be an additional item of
expense, approximately $2,000; this would not include the Plaintiff's
cost of appeal. The cost to the City, if an appeal were taken and the
judgment affirmed, would therefore be approximately $45,000, not including
taxable costs, and our own costs for the filing fee and preparation of
the trial transcript.
In our judgment, the case would likely be affirmed on appeal. Satisfac-
tion of the judgment now can effect a known savings of $8,000. Based
upon the recommendation of 'fr. Alvarez and Mr. Pitts of this office, and
"SUPPORTIVE
DDCU^,,1►iY-�,S
78- M75
Honorable Members of the Rea Wai Yu Cheng V: city
City Commission of Miami et: al
in accordance with Ordinance No: 8417 which created the City of Miami
Self'ttlsurance Program, i recommend that the judgment of $43,280,
plus costs of $14467:703be satisfied by the compromised payment of
the sum of $38,467:70.
GFK/ RFC/ rb