HomeMy WebLinkAboutR-77-0383THE CITY OF MIAMI, FLORIDA:
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RESOLUTION NO,
►":RESOLUTION AUTHORIZING THE DIRECTOR OF
4tMAMCE TO PAY TO IZOBERT A JACOBS, VICKIE
J'ACOBS, AND THEIR ATTORNEY, KERMIT G. KINDRED)
WITHOUT THE ADMISSION OF LIABILITY, THE SUM
OF $2,272.99 IN FULL AND COMPLETE SETTLEMENT
OF A PROPERTY DAMAGE CLAIM AND DEMAND AGAINST
THE CITY OF MIAMI, UPON THE EXECUTION OF A
RELEASE, RELEASING THE CITY OF MIAMI FROM THE
PROPERTY DAMAGE CLAIM AND DEMAND,
their Attorney, Kermit G. Kindred, filed a Claim
accident, involving a City owned vehicle on March 11,
1977, at or near N.W. 5th Street and N.W. Third Court, 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's Self
Insurance Program, and said office recommends that the property
damage portion of the claim be settled for $2,272.99.
NOW, THEREFORE, BE IT RESOLVED BDOCUMEh�T ,LNDY THE COMMISSION F EX
f
ITEM NO.
Section 1. That the Director of Finance is hereby
authorized to pay to Robert A. Jacobs and Vickie Jacobs and
Kermit G. Kindred, their Attorney, and Deel Ford the repairing
agency, without the admission of liability, the sum of $2,272.99
in full and complete settlement of the property damage claim
and demand against the City of Miami, and upon the execution
of a release, releasing the City of Miami from all property
damage •claims
AAV
0 04CO
and d emand,'s ,
MEETING OF
APR281977
ro4.UTaW no... • 2- .. .
0
PREPARED AND APPROVED BY:::
Jose B. Alvarez
Deputy City Attorne
Law Department
APPROVAS TO FORM AND CORRECTNESS:
City Attorney
ld l'orabie Members of th'e
'pity Co tissioh
i
AprI1 g 107 t_ V 77=807
ettle ieht of Property bamac e
•afhd • Ldss of tse portioh of
presented by Robert A,
eorge//, I<nok, Jacobs and Vidkie Jacobs
against the City of Miami and
'• Arthur Corlattoli
Robert A, Jacobs has filed.a Clair against the City of Miami
through his Attorney, kermit G, kindred, 'which ultimately will
include a bodily injury, personal injury protection lien, property
damage, This results from an accident with a City of Miami fire
vehicle.
The claimant carriedno collision coverage on the vehicle and has,
requested that due to. the .liability situation, the City of Miami'
extend a payment
ay2i. prop.. _ ment in advance as concerns the property
damage and
loss of use.
Theprivateinsuranceindustry ektends this courtesy in cases o:
'. in
this type, using a payment in advance on numerous claim areas.
It is therefore suggested that we proceed to pay in advance the
net vehicle repair to the claimantvehicle in the amount of
$2,272.99. This vehicle, as a result of the mentioned damage,
will require approximately three weeks in a repair facility.
This accident occurred on March 11, 1977, at 9:25 A.M., in the
intersection of N.W. 5th Street and N.W. 3rd Court, Miami, Florida.'
The City of Miami fire unit had been waiting eastbound on N.W.
5th Street, due to a red traffic signal. The operator of the. City
vehicle proceeded eastbound, when this traffic light remained red
and drove in front of the claimant unit which was being driven
south on N.W. 3rd Court. It should be noted that there is no
marked speed limit for southbound traffic on N.W. 3rd Court.
The last speed limit on the expressway exit is a recommended
35.miles per hour, and this is approximately the speed that the
claimant unit was moving at the time the city vehicle started to
run the red light.
The primary reason for the City vehicle proceeding on the red
light is that the driver looked to the east towards Third Avenue
and this traffic signal turns green some fifteen seconds previous
to that on N.W. Third Court. He interpreted this as being a green
'61 toio ebl0 Members the
i�ty Gdittfiiesiciipri ll
ilht for his dirtCtio i ;arid pro et eel ifito #fie .ir e , ton; �v3Ih
& he&V/;toilition resuldings
Th,e.614mai t is ,being . treated presently and ree, .res tr ftS iortatior1
to go to Arid froth•the: mec i.cal fadilities,'
damage, will eliminate one oi`
pa�t�ent of the property g � _' � � `� � p ` tion of the
oiainWhieh'will have to be handled.with the passage of time
The above claim has been investi ated by;the Torts Division of
the city Attorney`s office and in accordance with Ordinance 8417,
which Creates the City of Miami self-insurance program, and said
office recommends that said claim be settled for property damage
in the :amount of $2, 272 , 99.
P11 ro