HomeMy WebLinkAboutR-77-0243A
PW/to
2/1/77
RE8otuTtoN No. 77-243
A RESOLUTION AUTHORIZING THE DIRECTOR OP
FINANCE TO PAY TO ANA MARIA DIAZ AND RAUL
DIAZ, INDIVIDUALLY AND AS HUSBAND AND WIFE,
AND THEIR ATTORNEY, GEORGE NICHOLAS, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM Or $5,542.08
IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY
INJURY AND AUTOMOBILE COLLISION DEDUCTIBLE CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE
EXECUTION OF A RELEASE, RELEASING THE CITY OF
MIAMI FROM ALL CLAIMS AND DEMANDS AND TO PAY TO
SOUTH CAROLINA INSURANCE COMPANY, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $857.92 IN
FULL AND COMPLETE SETTLEMENT OF THEIR COLLISION
SUBROGATION AND PERSONAL INJURY PROTECTION LIENS,
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON
THE EXECUTION OF A RELEASE, RELEASING THE CITY OF
"SU"#":" OrI FROM ALL CLAIMS AND DEMANDS.
DC/
Li • 6 e
FOLLUI?v"
WHEREAS, Ana Maria Diaz and Raul Diaz, individually
and as husband and wife, through their Attorney, George Nicholas,
filed a claim against the City of Miami for the alleged bodily
injury, and automobile collision deductible claims, and South
Carolina Insurance Company filed a claim against the city of
Miami for alleged collision subrogation and personal injury
protection liens, resulting from an
accident involving a City
owned vehicle on February 15, 1976, at 9:20
the intersection of S.W. 8th
and
P.M., at or near
Street and 9th Avenue, Miami, Florida;
"DOCUMUUNDEXI
WHEREAS, the above claim has been investigated by the
ITEM
Torts Division of the city Attorney's office in accordance with
Ordinance 8417, which creates the City Of Miami's Self -Insurance
Program, and said Office recommends that these claims be settled
for the sum of $5,542,08 and $857,92 respectively;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA;
• "DOCUMEiti
art COMMISSION
MEETING OF
MAR' 6 1977
=moil ite,,22-,AfA
8edticri 1. That the Di edtor of Finande is hereby
s.uthorited to pay to Ana Mafia Dial and Raul Dias and the r
Attorney, .George Nicholas, without the admission of liability,
•the sutra of $5,542,08 in full and complete settlement of all bodily
injury and. automobile colllsion deductible claims and demands
against the City•of.Miami, upon the execution of a release,
releasing the City of Miami
from all bodily injury and automobile
collision deductible claims and demands.
Section 2. That the Director of Finance is further
authorized to pay the South Carolina Insurance Company, without
the admission of liability, the sum of $857.92 in full and complete
settlement of their collision subrogation and personal injury
protection liens, claims and demands against the City of Miami,
upon the execution of a release, releasing the City of Miami from
all collision subrogation and personal injury protection liens
and demands.
PASSED AND ADOPTED this 16TH day of — MARCH
1977.
PREPARED AND APPROVED BY:
Jose B. Alvarez
Director, Torts Division
Law Department
Api' 29VED AS TO FORM AND CORRECTNESS;
eorge F, nox, ,7r.
City Attog ey
MAURICE A FERRE
MAYOR
RALPH G, ONGIE
"SUPPORTIVE
r'►e ':", "• r7%.'TrZ
S.I L. 7•4.0 I� ` Y
tits' t$r Rtt.441, PLOMbA
1Ni`E11. crPIC E MLMi':u elANDuM
•
btorable Metbers of the
Cit fission
—7000
.r
George F;.► 1 t<nox, Jr.
City Atto ` fiey
tat Depatnent
tArs
s
ENC:Losuets:
March 14 1977 0ILE. v 76',t9t
5ettlet;tent of bodily. injury. &
automobile dollision c�edudt:ble
Claim of Ana Maria bia2' & Raul
Diaz & in settlement of the
personal injury protection lien
& collision subrogation claim
of South Carolina vtr surance CO,,;-
Ana Maria Diaz and Raul Diaz have filed a Claim against the City
of Miami through their Attorney, George Nicholas, involving bodily
injury, personal injury protection lien, and automobile property
dattiaae to include the collision deductible, resulting from an
accident involving a City of Miami Police vehicle.
The collision deductible subrogation and the personal injury
protection liens are being pursued by the South Carolina Insurance
Company.
This accident occurred on February 15, 1976, at about 9:20 P.M.,
at or near S.:W. 8th Street and 9th Avenue, Miami, Florida.
The Police vehicle was southbound on S.W. 9th Avenue, which is a
one way street controlled by a stop sign at the "t" intersection
of S.W. 8th Street. Eighth Street is a one way street eastbound.
Officer Emanuel Lopez :as in process of a search for a "hit -and-
run'' vehicle while in the area. After stopping for the stop sign,
the Officer proceeded into the intersection, starting to turn left,
as the claimant vehicle approached in the left eastbound lane. The
front right of the Police vehicle r'ade contact with the left rear
of the claimant vehicle as its operator attempted to avoid collision.
The total medical expense as concerns Ana Maria Diaz is $2,396.90,
with lost time and wage of $81.00. This makes a total special
damage amount of $2,477.90, which was paid under the personal
injury protection coverage.
The total medical expense as
was no alleged lost time and
repair of the car, which was
total property damage in the
concerns Raul Diaz is $1,090.00. There
wage. Mr. Diaz spent $100.00 toward
the $100.00 deductible portion of a
amount of $131.23.
"SUPPORTIVE
DOCU M ENTS
FOLLOW"
"ot tonOtable Members of the
Oity Commission
March 1, 1977
The bodily injury portion of this claim can be settled for• a. •
total Of. $6 0 00.00..with an additional $100.00 applying to the•
collision• deductible amount.
1h addition the collision subrogation amount payable to South
Carolina insurance Company is in the amount of $31.23 Chile the
amount required to close the personal injury protection lien, will
be on a compromise basis. The amount payable to South Carolina
Insurance Company for their liens totals $857.92. This amount is
included in the $6,300.00 bodily injury portion of the settlement.
The above Claim has been investigated by the Totts Division of the
City Attorney's office, and in accordance with Ordinance No. 8417,
Which creates the City of Miami Self -Insurance Program, and said
Office recommends that said claims be settled for $5,542.08 and
$857.92 respectively.
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