HomeMy WebLinkAboutR-77-0422RESOLUTION Nod, 7 '�:`• 2 2
A AtgOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO CLIFFORD MONROE AND RUTH
MONROE, HIS WIFE, AND ANTHONY CAPODILUPO,
THEIR ATTORNEY, WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $3,250,00 IN FULL AND COMPLETE
SETTLEMENT OF ALL BODILY INJURY AND PERSONAL
INJURY PROTECTION LIENS, 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 FIDELITY
AND CASUALTY INSURANCE COMPANY OF NEW YORK,
WITHOUT THE ADMISSION OF LIABILITY, THE SUM
OF $500.00 IN FULL AND COMPLETE SETTLEMENT OF
THEIR PERSONAL INJURY PROTECTION LIEN, CLAIMS
AND DEMANDS, AGAINST THE CITY OF MIAMI, AND
UPON THE EXECUTION OF A RELEASE, RELEASING THE
CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Clifford
Monroe and Ruth Monroe,
his Wife,
through their Attorney, Anthony Capodilupo, filed a claim against'.
the
City of
Miami for the alleged bodily injury and personal
injury protection liens, and Fidelity Casualty and Insurance
Company of New York, filed a claim against the City of Miami
for the alleged personal injury protection lien, resulting from
an accident,
t
involving a City owned vehicle on January 13th, 1976,
or near `N.W.Third
and
Avenue
and N.W. 16th
WHEREAS, the above claim has been
Street, Miami, Florida;
"DOCUMENT SEX
ITEM NO,__
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 $3,250.00 and $500.00 respectively;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
'THE CITY OF MIAMI, FLORIDA;
4
FOLLOW"
OF
CITY COMMISSION
MEETING OF
MAY t 21977
mums 22-24
isimmuipmilimporapimoneporimpf
eoti K . ghat the 5irect 3r of. R1f ai de .s hereby
authorised to pad to' lif ford Mbnrce and • titt i MontOd and •their
at±t hheY, Antha iy CapodilUp6, t3ithout the admission b a 5 1ity�
the -§0 of • $.2., _5DO�in full'and : oo ,piete . settiefient of ail bodiiY
�
` , and per'Sona1 it jit y p . , o r..
ihjLi�"y � r rotecti-n liens, olaims and demaYidsr
again'u-t ,the City of -Miami:, Ripon .the execution of a releaser.
releasing the
City
of Miattii from- all bodily injury and personal
injury protection liens, claims and demands.
Section 2. That the Director of Vinance is hereby
authorized tpay to Fidelity and Casualty Insurance Company
o
of New York, without the admission of liability, the sum of
$500.00 in full and complete settlement of their personal injury
protection lien, claims and demands, against the City of Miami,
upon the execution of a release, releasing the City of Miami from
all collision' subrogation' claims and demands.
PASSED AND ADOPTED this l2th day of May
1977.
PREPARED AND APPROVED BY:
MAURICE A. FERRE
At est:
Jose B. Alvarez
Deputy City Attorne
Law Department
AppROVED AS TO FORM AND CORRECTNESS:.
•George
Cy Ate
-r- }'
I{1 Qx, Jr,
it(
4
MAYOR
Cit
Nielibers of the.
issiin
eorge'F. kno3;
City 6,:tothey
ril 201 1g77 V 76-579
:Settietent of bodily injury and
personal injury protection lien
•presehted by Clifford Monroe &
Fidelity Casualty Company of
• NeW•York respectively
Clifford Monroe has filed a claim against the City bf Miatni
,_g y _ p which , _ lien throw h his Attorney, Anthony Capodilu o, which includes a_
bodily injury claim and a personal injury protection lien by
Fidelity and Casualty of New York.
The' property damage claim to the claimant vehicle has been paid.
at an earlier point in time.
This accident occurred on January 13, 1976, at 8:10
near N.W. Third Avenue and N.W. 16th Street, Miami, Florida..
The City vehicle was northbound on N.W. Third Avenue, and is one
of the cranes operated from the rear platform. As the vehicle
made a right turn onto N.W. 16th Street, its left front end made •
contact with the claimant vehicle which was stopped facing west-
.bound on 16th Street awaiting clearance of traffic from a stop
sign..
Liability is clearly against the City vehicle operator. This•is
a very'.comrnon occurrence when vehicles are operated from the rear. .
seat, and it is a potentially dangerous situation which should be
corrected.
Clifford Monroe received an acute traumatic lumbo-sacral sprain
which resulted in a five percent permanent partial disability.
He'was unable to work for some period of time in his usual con
struction field. Total lost -time and wage was $1,082.76.
Total medical expense was $1,050.00.
The claimant vehicle was a constructive total loss, and due
its age, we settled it for a actual cash value of $175.00.
"SUPPORTIVE�� �,,
On Mei bef6
it ' o;n, i6siori
'the 4i: ia6t i e bod.i i it ur r 6iai: t ` ay '5e `se ii :ed rod. $ , S S G(
phis .the e 'sor ai . iri., ii rote 'Liori'' iien o€ Pid .�. y ftei astta_
br aMM' t cf ;e ;' ''1of i ` for' ai1 add ' ioT1a '00 .'(b
The
abytee1air:ahasbeeriri ettiate e `Po s����si_��d .
,.
Ci A Morrie 's o��ioe* • aii iri ad.corda dsth brdiriafi4e: go84
hidh feates tie City oE Ptiarai seit i.-: :ti,ari6.e ptogra;t, .'aria sa3.d
of E.iee reto;razef ds that she ..'aid o .a its -be se tle 3 fog' $ . ', 2Sb ii 0
aril ,$5OO,bb resbe 4,-vei
611ora e' i ei the ' `:of li
e cla :t at bla itiju y d1aiiii dan be Sett .eti tot $3 2 0
piue the petd6iia1 injury p otettien lien of Pidelity and Caitia .'t
C;oitiparly of NOW O 'k for an additiOnal$500 r 00 r
The ebt Ve claim .has. `been ihVeet c ated by. t ie :'forte n Vet on bf tie,
City i. Attor icy' office, < and 'in adoo dance with Ordina oe gt-1 84,
3?icb efeates the City of lame self-insurande ptociam, Asia said
dffiCe .k6dO ffiei at that tie said 'elai s be settled foe $3. 250100
arid; $500,00 tegpee"t Vely.