Loading...
HomeMy WebLinkAboutR-78-0338RESOLUTION NO. 7 1 "' :3 F' A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WILLIAM D. BROWN, JR., THE SUM OF $12,000.00 UNDER THE TERMS AND CONDITIONS AGREED UPON IN FULL AND COM- PLETE SATISFACTION AS TO THE CITY OF MIAMI, FLORIDA, AND MIAMI POLICE OFFICER ANIBAL ERASMO IBRAHIM, FOR ALL CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, LOSS OF SERVICES, ACTIONS AND CAUSES OF ACTION, ARISING FROM ANY ACT OR OCCURRANCE UP TO THE PRESENT TIME, AND PARTICULARLY ON ACCOUNT OF ALL PERSONAL INJURY, DISABILITY, LOSS OR DAMAGES WHICH OCCURRED AS A CONSEQUENCE OF AN AUTOMOBILE ACCIDENT WHICH OCCURRED "SUPPORTIVE ON OR ABOUT JULY 31, 1976. DOCUMENTS FOLLOW" WHEREAS, WILLIAM D. BROWN, JR., a Plaintiff/Pedestrian, filed suit against the City of Miami, Florida, and Miami Police Officer Anibal Erasmo Ibrahim, for personal injury, loss of income, etc., due to the alleged negligence on the part of Police Officer Anibal Erasmo Ibrahim in the operation of his patrol car, said suit being filed in Dade County, Florida, on' January 19, 1977, and "DOCUMENT _INDEX bearing Complaint #77-1929; and '�TT NN WHEREAS, the facts and circr11ClEWN s-hav�-been investigated by the Office of the City Attorney of the City of Miami; and WHEREAS, the City Attorney's Office through extensive negotiations with the Plaintiff has been able to reduce the original demand from $30,000.00 to $12,000.00, said Office recommends that this claim be settled for the sum of $12,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Director of Finance is hereby directed to pay to WILLIAM D. BROWN, JR. the sum of $12,000.00 as a full and complete settlement and satisfaction as against the City of Miami, Florida,and Miami Police Officer Anibal Erasmo Ibrahim for all out- ary COMMISSION MEETING OF MAY 1 9 1978 ww.+mort no. ;• standing claims, demands, damages, costs,expenses, loss of serVices, actions and causes of action arising from any act or claims up to the present time and particularly on account of all personal injury, disability, property damage, loss or damages of any kind already sustained as a consequence of an accident which occurred on or about the 31st day of July, 1976, at or near Southwest 8th Street and Southwest 30th Avenue, Miami, Florida. ATTEST: PASSED AND ADOPTED this 19 day of May, 1978. MAURICE A. FERRE. MAURICE A. FERRE, MAYO R C:4:2/) RALP ' G. ( GIE, CITY CLER PREPARED AND APPROVED BY: "SUPPORTIVE DOCUMENTS FOLICAV SRMA BENNETT MAYOR, ASSITANT CITY ATTORNEY APPRO _-.:_ AS TO FORM AND CORRECTNESS: G •RGE F AINOX, JR., CITY ATTO -2- MEM MUM MOW MPF VW- • Bummomir mran • mimm MER MMW mummgml MEOW ems: MEW 7 G - :) 33 34 The Honorable Members of the Ci. - Commission 15t. eor• F. Knox, Jr. Cit Attorney O IYA `,April 27, 1978 L=77=011 William Brown, Jr. vs. City of Miami, etc. and Anibal Erasmo Ibrahim, Case no. 77''1.929 Resolution A lawsuit was filed against the City of Miami as a result of an accident which occurred on July 31, 1976, at about 1:00 a.m. in the morning. The plaintiff is William Brown, Jr. The lawsuit alleged that the City of Miami by and through its agent, Police Officer Anibal Erasmo Ibrahim, was negligent in the operation of Ibrahim's police patrol car. The police car was alleged to have been traveling 65-80 miles per hour in a 35 mile per hour zone. It is further alleged that the police car was not operating with sirens or lights in effect and was not on an emergency call. A witness on the scene would have testified that the Plaintiff was inebriated and jay- walking. The police car skidded approximately 190 feet, striking plaintiff, Mr. William Brown, Jr., near the end of the skid. Mr. Brown was admitted to Jackson Memorial Hospital and was allegedly unconscious for three to four days following the accident. He alleges a skull fracture, four fractured ribs, loss of his sense of taste and smell, various bruises, dizzy spells and headaches. One physician has given Mr. Brown a 5-7% permanent partial disability rating based on his loss of sense of smell and taste. To date, the medical bills total somewhere around $2,000.00. Plaintiff's original demand for settlement was about $30,000.00. After considerable negotiations, counsel for the plaintiff has agreed to accept the sum of $12,000.00 in full an»i complete settlement of the afore- mentioned lawsuit. The $12,000.00 settlement figure includes medical costs, and all other expenses and fees involved. The City Attorney's Office recommends this claim be settled for the sum of $12,000.00 in full and complete settlement for all claims includ- ing medical costs and attorney's fees. GFK/SBM/ia Resolution attached 7 8 - 3 3 8