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
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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.