HomeMy WebLinkAboutR-77-0538its
RESOLuTIoN No. _I72.311
A RESOLUTtoN AU'T'HORI ING THE DIRECTOR of
FINANCE TO PAY TO CHON SENG LAU AND ANDREW W.
HORN, H15 ATTORNEY, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $2,931.88 IN FULL AND
COMPLETE SETTLEMENT OF ALL BODILY INJURY,
AND PROPERTY DAMAGE 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, AND TO PAY TO CONSOLIDATED
MUTUAL INSURANCE COMPANY, WITHOUT THE ADMISSION
OF LIABILITY, THE SUM OF $268.12 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, Chon Seng Lau, through his Attorney, Andrew W.
Horn, filed a claim against the City of Miami for the alleged
bodily injury and property damage, and Consolidated Mutual Insurance
Company filed a claim against the City of Miami for alleged personal
protection lien, resulting from an accident involving a City -owned.
vehicle on March 26, 1976, at or near. South Dixie Highway and S.W.
"�I U DEX
17th Avenue, Miami, Florida; and
ITEM NO,
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 $2,931.88 and $268.12 respectively;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA;
Sectiof 1. That the Director of Finance is hereby
►f
o hon Seng Lau $2,931,88, 'and Andrew W. H"Q author�:�ed �O P-,a Y C
t rh'
h - Attorney., w thou the admission of is t the sum of
CITY COMMISSION
MEETING OF
JUN211977
.unon sq. ,Z,:.1
REMARKS .,.....,
i i; f i aria r lete eetitlefient all sdiiy: ifYj0
afrd dpert da alb d1aifhs: afid :de afids against the Gity of I4iai t
afid i.tpbh ."the e eeiiticsri ti-#.. a release,` t.eteaing the pity • of Mi Mi
ft ; , all k t dily i jti y• ahil to 5etty daiinacce eia ms and detnanda6
Section 2. 'That the`biteeto of inarice is he eb
.aiithbtiied to pay to soiidated:.Mutua1 . rnsti aice om an ,
Without the admixsion of liabi1iti: the slim of .$268 r' f01
and ebiplete,settlement
i
personal injury proteetiat liern
and demands against•the City;of Miami, upon the eecutori of;
release, releasing the City of Miami
roteCt'ion 1len., claims and 'deitands..
PASSED AND ADOPTED_ this
1977
PREPARED AND APPROVED BY:
Jose B. Alvarez
Deputy City Attorn
Law Department
from ,a personal njU1 y
Attes
APPROVE '•• TO FORMAND CORRECTNESS:
'
Georg :F: K
City Attorr\_. y
y of
,DUNE
MAURICE A. FERRE
MAYOR
claims
i 0ndiab .e Met ber§ of tale
oiission
rge. KnoX, Jt.
City A t.tney
U! a 6, 107
7,11
V 76..61S
'Settlement of bodily injury
property damage' and personal
hjury protection liens
involving Chan Selig Lau and
Consolidated Mutual Insurance
Company
Chon Selig Lau 'filed,a claim.against the City of Miami through his
Attorney, Andrew W. /korn, involving. bodily• injury, property, damage
and a personal injury protection lien, resulting from an accident
involving a City of Miami Sanitation truck.
This individual was self -insured for the vehicle damage; therefore,
no collision coverage was provided. The vehicle was a constructive
total loss and we established a value of $569.00.
The personal injury protection was provided by Consolidated`Mutuai
tnsurance Company.
This accident occurred on March 26, 1976, at about 9.:25 A.M.,
South Dixie Highway, 100 feet west of Sell.` 17th Avenue, Miami
?lorida.
The Lau vehicle was in process of stopping for traffic some
distance ahead in the right traffic lane, when it was struck
in the rear by a City of Miami Sanitation truck. The Sanitation
unit left approximately 56 feet of skid marks before impact.
Chon Seng Lau is the owner and operator of the claimant unit.
Injury consisted of a cervical sprain, contusion of the right.
rib cage, dizziness, dysphagia, a mild paravertebral muscle
spasm, and trapezias mass with mild spasm. A mild post concussion
syndrome is noted.
Medical special damages are as follows:
DOCTORS
Dr. Drucker
Dr. Herskowitz -
Mt. Sinai Hospital;
Drugs
Total Medical Special" Damages
flohorablo Me bdtd of
dity o iisaioti 'n t h , i9'
The iodit41, i mpehabo' e i �e �i�toci � � a tia1�:�
trio .catrior Co so1idattd Mtt ' at, 41 hy. 'h* 3apn tegoti i
•
to the tiguke of $268.i2'►
� oiai has been ` s nt�e`tigtecl b the ' 'he above
�t the s Atto�ne� s offio'
� r ' . e, aria in'' �o�o�e3ahCe With Otdinh:0e
io. 8417, • which createthe tt of ii:aMi e• eiflrisutahoe
„:.Pt84tait.+ end said off .de eoofritiiends that the said Maims be
s ett 1 _.1 ec� fog $2,93.88, to iriolude the bodily injii�`y Maim p�esetitet�
b .Chon 5enc Lau,•• an& $268 d2 ih setts ement of the �e `sone ' iiijti
p otectioh,l en of Consol sated Mutual In uranoe,Gotipany.
PW : to :;.