HomeMy WebLinkAboutR-77-003711/76
REgOLUTI d ig
A REANEOTOPAYAUTHORIZING
BEULAHTHE
JONES, WITHOUT
OF FINANCE
THE ADMISSION OF LIABILITY, THE SUM OF
$5,000.00, IN FULL
AND
THECOMPLETE
OFEMIAMIENT
OF HER CLAIM AGAINST
FOR ALLEGED P9R� NWHENNSHEIES FELLUFONRADMETAL
ON
JANUARY 18, 1
PIPE ON TOP OF THE SIDEWALK
IADJOINING
234 N.E. FIRST AVENUE,
DA,
UPON THE EXECUTION
OF A FROM ALLLEASE CLAIMSEANDSING
THE CITY OF MIAMI
DEMANDS.
WHEREAS, the Plaintiff, BEULAH JONES, filed an action
against the City
of Miami in the Circuit Court of Dade County,
uries suffered
Florida, bearing No. 74-3048, claiming personal inj
ed u on a metal pipe on top
on January 18, 1974, when she stepp p
of
the sidewalk and at a point at which the sidewalk slopes, which
extended slightly above the height of the surrounding side-
walk pipe
w alk and was slippery as compared to the adjacent sidewalk and she
was caused to fall violently to the sidewalk, located at 234 N.E.
"DOCUMENT INDEX
rt�
First Avenue, Miami,
Florida. IT 1 [Lb /
WHEREAS, the investigation of this case an b z -g =rtTia1
were conducted by the office of the City Attorney and
discover Y
said
office recommends that this claim be settled for the sum of
$5,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
TIE CITY OF MIAMI, FLORIDA:
1. That the Director of Finance is hereby authorized
and
directed to pay to BEULAH JONES, without the admission of lia-
bility, ility, the sum of $5,000.00 in full and complete settlement
of
her claim against the City of Miami for alleged personal in-
juries1974, when she stepped upon a metal
suffered on January 18, at which the sidewalk
pipe on top of the sidewalk and at a point
which pipe extended slightly above the height of the
sipPes CITY COMMISSION
MEETING OF
JAN 1 3 t977
RESOUITION NO.,,,;:..f _
REMARKS:.....
MEMEL
•
Mt
RESOLUTION NO, 77-37
A 1 ESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO BEULAH JONES, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF
$5,000.00, IN FULL AND COMPLETE SETTLEMENT
OF HER CLAIM AGAINST THE CITY OF MIAMI
FOR ALLEGED PERSONAL INJURIES SUFFERED ON
JANUARY 18, 1974, WHEN SHE FELL ON A METAL
PIPE ON TOP OF THE SIDEWALK ADJOINING
234 N.E. FIRST AVENUE, MIAMI, FLORIDA,
UPON THE EXECUTION OF A RELEASE RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND
DEMANDS.
WHEREAS, the Plaintiff, BEULAH JONES, filed an action
against the City of Miami in the Circuit Court of Dade County,
Florida, bearing No. 74-3048, claiming personal injuries suffered
on January 18, 1974, when she stepped upon a metal pipe on top
of the sidewalk and at a point at which the sidewalk slopes, which
pipe extended slightly above the height of the surrounding side-
walk and was slippery as compared to the adjacent sidewalk and she
was caused to fall violently to the sidewalk, "DOCUMENT ocated t34 N.E.
INDEX
First Avenue, Miami, Florida. �
r r
WHEREAS, the investigation of this case
<��d a 't iZ-gY"e=tI'
ial
discovery were conducted by the office of the City Attorney and
said office recommends that this claim be settled for the sum of
$5,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
1. That the Director of Finance is hereby authorized
and directed to pay to BEULAH JONES, without the admission of lia-
bility, the sum of $5,000.00 in full and complete settlement
of her claim against the City of Miami for alleged personal in-
juries suffered on January 18, 1974, when she stepped upon a metal
which the sidewalk
pipe on
slopes,
top of the sidewalk and at a
point
at
which pipe extended slightly above the height of the
CITY COMMISSION
MEETING OF
JAN 1 3 194
RES(1LUTION NO...,'., - . J.
REMARKS:..... .. ..
t the surrounding sidewalk and was slipper/as compared to the
adjacent sidewalk and she was caused to fall violently to the side-
Waik, located at 234 N.E. First Avenue, Miami, Florida, upon the
execution of a release releasing the City of Miami from all claiMS
and demands.
PASSED AND ADOPTED this ITH _ day of __JANUARY_
ATTEST:
PR D AND APPROVED BY:
1 ST INFELD
As tant City Attorney
APPROVE !I S TO FORM AND CORRECTNESS:
GE' ' E F. KN• ti, JR.
City Attorn
TO:
Fnoi:
4 6 89
CITY OF MIAMI. FLORIDA
iNtER=OFFICE MEMORANDUM
HONORABLE MEMBERS OF THE
CVr MMISSION
ORGE
City
KNOX, JR.
orney
tiLt: Li4�Ol4
DATE
: December 9, 197
subAct Settlement of Claim
ait€HCLs: BEULAH JONES v. CITY OF MIAMI
Circuit Court #74-3048 (23)
tNeLoSURtt:
Ms. Beulah Jones filed an action against the City of Miami in the
Circuit Court of Dade County, bearing No. 74-3048, claiming personal
injuries suffered on January 18, 1974, when she allegedly stepped
upon a metal pipe on top of the sidewalk and at a point at which
the sidewalk slopes, which pipe extended slightly above the height
of the surrounding sidewalk and was slippery as compared with the
adjacent sidewalk and she was caused to fall viclently to the side-
walk, located at 234 N.E. First Avenue, Miami. Ms. Jones is past
81 years of age. Original claim of Claimant. was $35,000.
The investigation of this claim and the pre-trial discovery were
conducted by the office of the City Attorney. Such investigation
revealed that nhofcondition
accidentlwithin hoursexist,
afterthat
the occurrence
came toothe sceenee
and placed an asphalt patch on the area.
The claimant claims that she hurt her head, leg and right knee and
that she still has complaints of pain in these areas. She received
treatment at Jackson Memorial Hospital, Cedars of Lebanon Hospital,
and from various doctors.
Claimant's medical charges to date are approximately $8,889.60.
This case was scheduled for trial for Monday, November 1, 1976.
During pre-trial discussions, claimant's counsel agreed to accept
the sum of $5,000.00 in full settlement. Exposure to the City
because of the physical injuries
and permanent impairment is well
in excess of the proposed
Based upon the recommendation of Eugene M. Steinfeld, Assistant
City Attorney, it is recommended that the instant claim be settled
for $5,000.00.