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HomeMy WebLinkAboutR-77-0078Watt' 1/3.g/77 $!V DLL,U Erk T FOLLOVV" RESOLUTION NO A RESOLUTION AUTHORIZING THE DIRECTOR OF F /NAECE TO PAY TO SARAH A, ANDRADE, WITHOUT THE " ADMISSION OF LIAEILtTY, THE SUM OP $ 7,OOO, OO# IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY OF MIAMI FOR PERSONAL INJURIES SUFFERED ON JULY 27, 1973, WHEN SHE FELL oN AN ALLEGEDLY DEFECTIVE PttELtC SIDgWALk ON 44 EAST FLAMER STREET, MIAMI, FLORIDA, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, WHEREAS, the Plaintiff, SARAH A. ANDRADE, filed an action against the City of Miami in Circuit Court of Dade County, Florida, bearing No. 74-5150, claiming personal injuries suffered on July 27, 1973, when she fell on an allegedly defective side- walk at 44 East Flagler Street, Miami, Florida, and WHEREAS, the investigation of this case and the pretrial discovery were conducted by the office of the City Attorney and said office recommends that this claim be settled for the sum of $7,000 00 NOW, THEREFORE, BE IT OF MIAMI, FLORIDA: CITY That the Director RESOLVED BY THE COMMISSION OF THE "D�CUMEf�T INDEX ITEM NO. /, of Finance is hereby authorized and directed to pay to SARAH A. ANDRADE, without the admission of liability, the sum of $7,000.00 in full and complete settlement of her claim against the City of Miami for personal injuries suffered on July 27, 1973, when she fell on an allegedly de- fective public sidewalk located at 44 East Flagler Street, Miami, Florida, upon the execution of a release releasing the City of Miami from all claims and demand, CITY COMMISSION MEETING OF JAN 71977 RESOLUTION N .,.,,� ,C. -'{, PASSED AND AD PT thin day 1977 January) PREPAR Robert F. Clark Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX City Attorney ! 7 Cif P MJAMt `F`L6i t6A �i INTMC►rFIeE htEMCMAN©UM Ontable Members of the City Commission George P. Knox, City Attorney DPW January i9, 1977 *UIJtCfi: Settlement of Claim PHA R€ t tNCtti: i1 NDRL DE. Sarah h A. s , CITY OP MIAMI � luN:Circuit Court ##74-51S0 Mrs. Sarah A. Andrade filed an action against the City of Miami its Circuit Court of Dade County, bearing No. 74-S150, claiming personal injuries suffered on , my 27, 1973, when she allegedly fell on a broken and defective sidewalk located at 44 tast Plagler Street, in front of Woolworth Department Store, City of Miami, Florida. The investigation of this case and the pretrial discovery were conducted by the office of -the City Attorney,' Such investigation revealed that the condition of the sidewalk in question existed' in a state of disrepair for a long period of time. The hole was approximately one foot long and one inch to two inches deep and the width varied from three to four inches. The claimant claims that in the evening hours on this date while shoppingdowntown, her foot became caught or twisted in this hole which caused her to fall thus obtaining a broken right hip.' She was taken by ambulance to the hospital. Claimant's medical charges to date total $5, 568.31 with the probability of future surgery, which amount is unknown at this date. The original demand by the claimant's attorney was $20,000.00. After litigation had proceeded for a considerable period of time the City Attorney's office entered into negotiations with claimant's counsel, who with his client, finally agreed to accept the sum of $7,000.00 in settlement. "SUPPORTIVE DOC!!MEN 7-S j To Honorable Mergers o? the City Commission Res Eettlaant o Cisim 3'anuary 19, 10,7 Exposure to the City 'because of the liability, physical injuries and permanent impairment is well in eXtess Of the proposed settlement. Eased upon the recommendation of Mr. Lose E. Alvarez, teputy City Attorney,it is recommended that this instant claim he settled for $ 7, 000.00. eeb Enclosure (Resolution)