HomeMy WebLinkAboutR-77-0323AA bbb
4/1/77
RESOLUTION No,77.123
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO ACCEPT THE SUM OF $300,00 in
FULL AND COMPLETE SETTLEMENT IN THE CLAIM
OF THE CITY OF MIAMI VERSUS HIPOLITO R,
FICUEROA, McKESSON WINE & SPIRITS CO,, AND
CNA INSURANCE COMPANY AND AUTHORIZING THE
CITY MANAGER AND THE CITY CLERK OF THE CITY
OF MIAMI TO EXECUTE A RELEASE RELEASING
HIPOLITO R. FIGUEROA, McKESSON WINE & SPIRITS
CO:, AND CNA INSURANCE COMPANY FROM ANY AND
t � �� CLAIMS ACCIDENTINVOLVEDMINDARISINGTHE
THEABOVE CLAIM.
DOCU ki EN�i
FOLLOW"
WHEREAS, a claim has been filed by the City of Miami
against Hipolito R. Figueroa, McKesson Wine & Spirits Co., and
CNA Insurance Company, as a result of a collision on December 19,
1975, between a City of Miami vehicle operated by Lawrence Cochran
and an automobile owned by McKesson Wine & Spirits Co., driven
by Hipolito R. Figueroa, and insured by CNA Insurance Company; and
WHEREAS, Lawrence Cochran was injured in the said
collision and the City was obligated to pay him workmen compen-
sation benefits totalling $640.00 and the said claim ins , thonr.X
amount of $640.00; and T Nn /`-
WHEREAS, an offer of settlement on beha f of Hipolito R.
Figueroa, McKesson Wine & Spirits Co. and CNA Insurance Company
has been made to the City of Miami, which offer is in the amount
of $300.00; and
WHEREAS, the City Attorney of the City of Miami has
advised that it is in the best interest of the City of Miami to
accept said offer of $300.00 in full and complete settlement of
the above claim;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
and directed to accept the sum of $300.00 in full and complete
r+
cl i COMM
MEETING OF
APR 141977
RE IPUTIQM
FEMAR4.1:
Settletett it the claim of the City of Miami versus /Update)
R, Figueroa, McKesson Wine & Spirits Co, and CNA insuratce Compaty,
and the City Manager and the City Clerk of the City of Miami are
authorized to execute a release releasing Hipolito R. Figueroa,
McKesson Wine & Spirits Co. and CNA Insurance Company from any
atd all claims and demands arising out of the accident involved
in the above claim.
PASSED AND ADOPTED this14TH
day of APRII
1977.
Attes
PREPARED APPROVED BY:
/
74?
ARTURO AL RE.
Assista. City Attornl'
APPROV AS TO FORM AND CORRECTNESS:
G ORGE F. NOX, Jr.
City Atto ey
MAURIC AR
. Fnk
CZ,
cicy Clerk
I.7“:"-)0
+2) 1 J t
FOLLOW"
g8
Honorable Members of
the ity Commission
�eotge V, knox ,
City Attorney
3 i 2.)
April 3, 1977
Settlement of Claim
t76-183
CITY OP MIAMI v, IIIPOLITO
R. 'FIGUEP.OA, Mck8880N WINE
& SPIRITS CO, and CNA
INSURANCE COMPANY
In this suit the City was seeking to recover $640,00 in workmen's
compensation payments that it made to its employee Lawrence
Cochran, a police officer, when he was injured as a result of a
traffic accident on December 19, 1974, at or near the intersection
of N.W. 7th Avenue and 74th Street, Miami.
Defendants have offered $300.00 in full settlement of this claim.
This is considered an acceptable settlement in light of the fact
that factually the city employee was largely (if not totally) at
fault. This conclusion is verified by the accident report which
attributes careless driving to the city employee as a contributing
circumstance in the accident.
Based upon the recommendation of Arturo Alvarez, Torts Division,
it is recommended that the instant claim be settled for $300.00.
GFR, Jr. / �A/bbb