HomeMy WebLinkAboutR-78-0373RFC/th
5/17/78
RESOLUTION NO. 7 8 ` 7 3
A RESOLUTION AUTHORIgING AND DIRECTING THE
DIRECTOR OF FINANCE TO PAY TO JESUS CASTILLO
AND MARIA ELENA CASTILLO, HIS WIFE, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF $10,500.
IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM
AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL
INJURIES SUSTAINED BY JESUS CASTILLO, UPON THE
EXECUTION OF A RELEASE RELEASING THE CITY OF
MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, JESUS CASTILLO and MARIA ELENA CASTILLO,
his wife4 filed suit against the City of Miami and others in the
Circuit Court of Dade County, for personal injuries sustained by
JESUS CASTILLO as a result of his vehicle striking an exposed sewer
pipe cover in the public roadway at the approximate location of
N.W. 7th Street and 32nd Place in the City of Miami on Septem-
ber 24, 1976; and
WHEREAS, this claim has been investigated by the
Office of the City Attorney and said office recommends that this
claim be settled for the sum of $10,500;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
"DOCUMENT I?! ' V
Section 1. The Director of Fin aha+eauthor-
ized and directed to
pay
JESUS CASTILLO and MARIA ELENA CASTILLO,
his wife, without the admission of liability, the sum of $10,500.
in full and complete settlement of all claims and demands against
the City of Miami upon the execution of a release releasing the
City of Miami from all claims and demands.
PASSED AND ADOPTED this 31 day of May , 1978.
Maurice A. Ferre
ATTEST: MAUIRICE A. FERRE, MAYOR
RALPH G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY: 0 D AS TO FORM AND CORRECTNESS:
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ROBERT F, CLARK
ASSISTANT CITY ATTORNEY
GEOR
CI TY
F. KNOX, R.
TTORNEY
TY COMMISSION
MEETING OF
MAY 3 1 1978
•F WTlONrw..78- 37 3
17
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cit? or MIAMI. rl.ot4IoA • •. r: I•cc
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"I;IJI I I'll a
TO the Honorable Members
of . City Commission
George I Knox, J
City •ftorney
,,, May 17, 1978
FILE: .' 77 09
Jesus Castillo et al. vs.
City of Miami et al.
Circuit Court No.,77-1380._
R£FCREIh:£o:
„ " ,;I, ,r,; (Resolution)
The Plaintiffs, Jesus Castillo and Maria Elena Castillo, his wife,
filed an action against the City of Miami on January 14, 1977,
claiming personal injuries and damages as a result of a motor
vehicle accident due to an exposed sewage pipe cover on September 24,
1976, at or about N.W. 32nd Place in the vicinity of 7th Street, in
the City of Miami, Florida.
The law suit alleged that a sewage pipe cover was left exposed above
ground at such a dangerous level so as to impede the normal flow of
traffic and Plaintiff, Jesus Castillo's motor vehicle on contact with
said exposed sewage pipe cover, lost control of his vehicle and struck
a parked car and turned over, inflicting severe injuries upon Plaintiff.
The contractors, Goodwin, Inc. and Joe Reinertson Equipment Company,
both proved to the Court that they had completed their work at the
time and place alleged in the Plaintiffs' Complaint, and the City of
Miami was the only responsible party involved in this law suit.
After considerable negotiation with the attorneys for the Plaintiffs,
agreement was reached for Plaintiffs to accept the sum of $10,500.00
in full and complete settlement of the case, including the Plaintiff,
Jesus Castillo's medical expenses, and including all damages involved.
To avoid rather heavy medical expenses in this case together with the
exposure of the City at trial and the possibility of a large verdict
against the City of Miami, the City Attorney's Office recommends that
this law suit be settled for the sum of $10,500.00 in full and complete
settlement of all claims, including medical expenses and other damages.
GFK/ChP/f l
(Resolution attached)
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