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HomeMy WebLinkAboutR-77-04214 REgOLUTION N0ti 7?ai421 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARTA C, ALFONSO AND DANIEL M. KEIL, HER ATTORNEY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $4,971.01 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PROPERTY DAMAGE, AND TOWING CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, AND TO PAY TO SEIBELS, BRUCE AND COMPANY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $346.14 IN FULL AND COMPLETE SETTLEMENT OF THEIR PERSONAL INJURY PROTECTION LIEN, CLAIM AND DEMAND AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. WHEREAS, Marta C. Alfonso, through her Attorney, DANIEL M. KEIL, filed a claim against the City of Miami for the alleged bodily injury, property damage, towing, and Seibels, Bruce and Company filed a claim against the City of Miami for alleged personal injury protection lien, resulting from an accident involving a City owned vehicle on July 23, 1976, at or near West Flagler Street and Sixth 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's Self Insurance Program, and said office recommends that these claims be settled for the sum of $4,971.01 and $346.14 respectively; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: �, p C C U M E N D Ex I PP Section 1. That the Director of Finance . is 'here authorized to pay to Marta C. Alfonso and Daniel M. Keil, her Attorney, without the admission of liability, the sum of $4,971,01 in full and complete settlement of all bodily injury, property CITY COMMISSION memo OF MAY 121977 dat ak1e,- aitit, ai%d de ianda aqa'rit tlipity M a , p� the ke tit pt a eleaee, :: the ' .tY of M iai t :: &ll. badiiy Injury, property dafiac e, grid towLnq "tlain `atid dei to ida1: Bectiori 2. That tie D eeta cif: Mande: is heraby uthot i ec t pay' td Se5.be1a i Brittle and Gotnpahyi WitWo t the:: adt►iissit ri of lia3�` iit the atttri o 6.1h . in full -'and; complete- settlemel t of pef'so al . injuty :protection lie�ii' elan and c e na da agaiiistthe City of Miami, upon the ekeetztioh of a release, releasing the City of:Miami from all personalprotection lien claims and demands PASSED AND ADOPTED this 12th dad of. May 1977. PREPARED AND APPROVED BY: Jose B. Alvarez Deputy City Attorn Law Department APP AS TO FORM AND CORRECTNESS:. MAt�R C13 A.: 'ERi2E Atte •t: George City At Knox, Jr. • rney MAYOR 1 .._,, ... : .:. • , -.,.. , .. ' ..'1,:, ..,,.::.,„,- .".:,::::'-•:,'...:-.51':',.'.'illiSIAi, .t-L6Itit). A.-, ',:: , • '. • . ' - ' . ',.: .. 1.,,,..,-, : .....„- ;.:-..,-• . , . : ,,,,H....--.. 1Pritt§,bii•Pidt tArtmle)'rizANbt0.4 • •tiohorabie Members of the Aptil I V 76-666 Cit thmisgioft 0,7a7-4— deotge F1 KnoxJts •City Att rney Jt 6tttlement of bodily ihjuty claim and property damage Claim of Matta Cs Alfonso and setti.e- ri of the personal injury protection lien of South Carolina Insurance Company through_Seibels_i_BrAIOP_&_Company Matta C. Alfonso, filed a Claim against the City of Miami through Attorney Daniel M. Keil, involving bodily injury, property damage, and a personal injury protection lien, resulting from an accident involving a City of Miami Police vehicle. This individual was self -insured for the vehicle damage and provided no collision coverage. The personal injury protection was provided by the insurance carrier, South Carolina Insurance CoMpany through Seibels, Bruce & Company. ,This accident occurred on July 23, 1976, at 7:15 P.M.on West Flagler Street, about 125 feet west of N.W. 6th Avenue, Miami, Florida. The City Police vehicle was initially eastbound on Flagler Street in the 600 block, when he noted a man struggling with a female on the north sidewalk of Flagler Street. The Officer placed the blue lights in operation and started to make a U-turn in the middle of the block. Westbound traffic appeared to stop as far as the left lane was concerned; however, the claimant unit in the right lane, failed to stop in time to avoid the accident. The claimant unit left some skid marks before impact with its left front end to the right front of the Police vehicle. Liability is against the City operator in this instance. Special damage material involving claimant Marta C. Alfonso is as follows. There was no lost time and wage. DOCTORS AMOUNT Garcini $525.00 Galluccio & Egan - - 11.00 American Hospital - - - 739.80 • Mercy Hospital • 61.00 Total Medical- - • -$1,336.80 fto i 3 `ahje Me Thera f the dtty 'domini§s%oli �,-ri1 , Epp aie°ed . vehicle data = = = :$l► 046.15 Towirrg ekpente fl.O0 Total Property batttage $1, 067 . lS hfO y . is indicated as sprain and strain Of dorsal and left htulder.areas,' dontutibns to head a:hd left shoulder. The i"edicts al expense on the personal injury protection .lienhat been negotiated from $1,336.80 to $346.14. This net amount is oted.to South Carolina Insurance Company, and:Of course their claime ete handled by 5eibels,.truce & Company. • The above dlaim has been investigated by the Torts biVision of the C].ty Attorneys office, and In accordance with Ordinance Igo.:. 84i7, which creates the City of Miami self-insurance program, ` and•said office recommends that the said claims be settled for.' $4'j9`71.O1,•to include the bodily -injury, property damage and - towing.claims presented by Marta C. Alfonso, and $346.14 in •'aettiement of the personal injury protection lien of South Carolina Insurance Company through Seibels, Bruce & Company.