HomeMy WebLinkAboutR-77-0132/ro
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FOLLO
WHEREAS,
RESOLUTION NO. 77,132 ._ ..
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY MICHAEL BOOTH, AN INDIVIDUAL,
AND HIS TREATING PHYSICIANS, WITHOUT THE
ADMISSION OF LIASILITY, THE SUM of $4,709.00
IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY
INJURY AND PHYSICIANS' EXPENSES AGAINST Tat
CITY OF MIAMI, UPON EXECUTION OF A RELEASE,
RELEASING THE CITY OF MIAMI, FROM ALL CLAIMS
AND DEMANDS
Michael Booth filed a claim against the City
of Miami for alleged personal injury,
resulting from an accident
involving a City owned vehicle on May 4, 1976, at about 12:45 A.M.,
at or near the intersection of S.W. 27th Avenue and Day Avenue,
Miami, Florida; and
WHEREAS, the above claim has been investigated by the
Torts Division of the City Attorney's office, in accordance with
Ordinance No. 8417, which creates the City of Miami Self -Insurance
Program, and said office recommends that this claim be settled
for the sum of $4,709.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to Michael Booth, without the admission of
liability, the sum of $4,709.00 in full and complete settlement
of all bodily injury and physicians' expense,
against the City of Miami, upon the execution
releasing the City of Miami
expense claims and demands.
claims, and demands
of the release,
from all bodily injury and physicians'
,'DOCUMF +T10EX
ITEm fCITY COMMISSION
MEETING OF
FED 1 01977
NkSQl.UThQN
REMARKS:. ,.. ...
ion 2 That the biredtOr if Pinar:de is hereby
further authori2ed to pay the followingb eRpenseS whidh are
included in the settlement figure:
Michael tooth
C. Gary Zahler,
Robert Elkins
M.D.
Drs. Galluddio & Egan, Radiologists
Associates, P.A.-
Raul V. Rivet, M.D.
Total
.:.
44 44 44
$,1,000.00
1,409.00
115.00
60,00
125,00
$4,709.00
without the admission of liability in full and complete settlement
of the bodily injury and physicians' expense, claims, and demands
against the City of Miami,
upon the execution of a release,
releasing the City of Miami from all bodily injury and physicians'
expense, claims and demands;
PASSED AND ADOPTED this 10TH day of FEBRUARY , 1977.
MAURICE A. FERRE
YOR
Attest:
PREPARED AND APPROVED BY:
Jose B. Alvarez
Deputy City
Law Department
APPROV AS TO FORM AND CORRECTNESS:
//
George F. K ox, Jr.
City Atto
ity Clerk
"SUPPORTIVE
DOCUMENTS
FOLLOW"
city or MIA!sit. 'LOO..tbA
INtER•orFief MEN1ORANCUM
FP j04
lIonorale Members of the
City Commission
r
/ George VI Knox, Jr.
City Atrney
PEFE0ENCE3
ENCLCSUR55.
February 1, 1977 ".E: V 76-634
Settlement of bodily injury
claim, to include tiediCal
expenses of treating physician§
in the claim of Michael tbOth
Vs. THE CITY OF MIAMI &
John Elliott 1tagin, Jr. ►
Git cf._Miati _ Police OffislAt
Michael Booth has filed a claim against the City of Miami,
resulting from an accident involving a City of Miami Police vehicle.
This accident occurred on May 4, 1976, at about 12:45 A.M., at or
near S.W. 27th. Avenue and bay Avenue, coconut Grove, Florida.
The Police vehicle was southbound in the right lane of S.W. 27th
Avenue at a speed of 40 to 45 miles per hour, in route to a
burglary in progress, which is known as a Code 26. This requires
an approach without the use of blue lights, siren, or flashers.
It does require moving to the scene as rapidly and reasonably as
possible.
The claimant is an operator of a bicycle which had been northbound
on N.W. 27th Avenue, originally in the right hand traffic lane for
that direction. A slow left turn was initiated by the bicycle
operator, at which time the Police operator noted this action.
Brakes were applied and approximately 110 feet of skid marks
were placed before impact. The front of the bicycle made contact
with the front left fender of the Police vehicle. The bicycle
operator was thrown on to the hood and through the windshield of
the Police vehicle. From that point, the claimant rode the hood
until approximately a dead stop was obtained and was then thrown
forward on to the pavement.
This matter is one which falls under comparative negligence, and
due to this fact, it does have a value of at least 50 to 60 percent
of full claim value.
The injury was diagnosed as a fracture of the right tibia, a
fracture of the nasal tip, which was displaced and remains dis-
placed at this time, and avulsion type injury to the right side
of the nasal ala region columella, 1.7 by 1.3 centimeters, re-
quiring two separate grafts, abrasions to the back of the neck,
right flank, and right knee.
"SUPPORTIVE
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