HomeMy WebLinkAboutR-78-0339cjP/f1
5/2/78
"SUPPORTIVE
DOCUMENTS
FOLLOW"
RESOLUTION NO. 7 c.i w :3 3 0
A RESOLUTION AUTHORIZING AND DIRECTING THE
DIRECTOR OF FINANCE TO PAY TO WILLIS SMITHSON
THE SUM OF $9,482.84 IN FULL AND COMPLETE
PAYMENT OF THE FINAL JUDGMENT AGAINST THE
CITY OF MIAMI AND AGAINST GOODWIN, INC., OLD
REPUBLIC INSURANCE COMPANY AND JOE REINERTSON
EQUIPMENT COMPANY, THE OTHER DEFENDANTS TO PAY
THE ADDITIONAL SUM OF $85,345.53 DUE TO THE
PLAINTIFF, UPON THE EXECUTION AND FILING OF A
SATISFACTION OF FINAL JUDGMENT IN THE LAW SUIT
FILED IN THE CIRCUIT COURT, CASE N0. 76-37924.
WHEREAS, Willis Smithson and Mary Smithson, his wife,
filed a law suit against the City of Miami and against Goodwin,
Inc., Old Republic Insurance Company and Joe Reinertson Equip-
ment Company, on December 7, 1976, in the Circuit Court of Dade
County, Florida, being Case No. 76-37924; and
WHEREAS, Goodwin, Inc., Old Republic Insurance Company and
Joe Reinertson Equipment Company were the contractors within a
sanitary sewer project on or about May 8, 1976, at or about
1135-1137 N.W. 31 Avenue, in the City of Miami, Florida, where
Willis Smithson sustained personal injuries and a fractured
cerebral vertebra resulting from an accident in which the under-
carriage of the vehicle he was riding in struck a manhole that
was protruding above the grade of the roadway; and
WHEREAS, trial was had in the Circuit Court and on April 11,
1978, a verdict was rendered by the jury in favor of the Plaintiff,
WILLIS SMITHSON, and against all three Defendants, in the amount
of $94,828.37, with a specific finding that the City of Miami's
negligence amounted to ten per cent (10%) of the total negligence,
thereby resulting in the City of Miami's share of the damages
amounting to $9,482.84; the jury founejptor���y Sr���t��sRn did not
sustain any damages; and ��""II
WHEREAS, it is advantageous
this sum of $9,482,84 to effect a savings and to avoid the
running of interest;
ITEM NO 11
for the City o Miami to pay
CITY COMMISSION
MEETING OF
MAY 1 9 1978
-:33
iron ma ...................
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Director of Finance of the City of Miami
is hereby authorized and directed to pay to WILLIS SMITHSON
the sum of $9,482.84 in full and complete payment of the Final
Judgment against the City of Miami and against Goodwin, Inc.,'
Old Republic Insurance Company and Joe Reinertson Equipment
Company, upon the execution and filing of a Satisfaction of
Final Judgment in the law suit filed in the Circuit Court of
Dade County, Florida, Case No. 76-37924, the other Defendants
in said law suit paying the additional sum due to the Plaintiff
of $85,345.53.
PASSED AND ADOPTED this 19 day of MAY
ATTEST:
PREPARED AND AP ROVED BY:
CLINTON J
Assistant
S
Attorney
APP' . ► AS TO FORM AND
li
--4/1110 t 7—n-4--
GEORGE Fj KNOX, JR.
City At i- rney
MAURICE A. FERRE.
MAURICE A. FERRE, M A Y 0
RECTNESS:
- 2 ..
, 1978.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
MEW
MW
NNW
78-; 39
The Honorable Members of
the City Commission
May 24 1978
Willis Smithson and Mary Smithson,
his wife, vS. City of Miami,
Goodwin, Inc., Old Republic Insur-
ance Company and Joe Reinertson
G-orgz/I F. Knox, Jr. Equipment Company
City J torney
(Resolution)
Willis Smithson and Mary Smithson, his wife, filed a law suit
against the City of Miami and against Goodwin, Inc., Old Republic
Insurance Company and Joe Reinertson Equipment Company, on
December 7, 1976, in the Circuit Court of Dade County, Florida,
being Case No. 76-37924.
Mr. Smithson claimed personal injuries and a fractured cerebral
vertebra resulting from an accident in which the undercarriage of
the vehicle he was riding in struck a manhole that was protruding
above the grade of the roadway on, May 8, 1976, at or about 1135-1137
N.W. 31st Avenue, in the City of Miami, where Goodwin, Inc. and Joe
Reinertson Equipment Company were the contractors within a sanitary
sewer project.
On April 11, 1978, a verdict was rendered by the jury in the trial
of this cause, awarding Wi ll i s Smithson damages of $94,828.37, with
the specific finding that the City of Miami's negligence in the matter
amounted to ten per cent (10Z) of the total negligence, thereby
resulting in the City of Miami's share of the damages amounting to
$9,482.84.
The City Attorney's Office recommends that this Final Judgment be
paid in the amount of $9,482.84 by the City of Miami to WILLIS SMITHSON,
and the additional amount of damages due to the Plaintiff in the amount
of $85,345.53 to be paid by the other Defendants in this law suit, as
specified in said Final Judgment. Thus, the City of Miami will effect
a savings and avoid the running of interest on this Final Judgment.
Upon all payments of the Final Judgment being made to the Plaintiff,
an executed Satisfaction of Final Judgment will be filed in this law
suit, closing the entire matter.
GFK/CJP/f1
ENCL(Resolution)
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