HomeMy WebLinkAboutR-77-0578VIVIDEMANDS.
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FOLLOVvi
RESO-LUTION NO, 17-578_
A REgOLUTION AUTHORIZING THE DIRECTOR OP
FINANCE TO PAY TO GUARINO AGUILERA AND
GERALb FOREMAN, HIS ATTORNEY, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $1,500.00
IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY
INJURY CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING
THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND
WHEREAS, Guarino AgUilera, through his Attorney,.
Gerald Foreman, filed a claiM against the City of Miami for
alleged bodily injury, resulting from an accident involving a
City -owned vehicle on February 20, 1977, at or near Tigertail
and Aviation Avenues, Coconut, Grove, Florida; and,
WHEREAS, the. aboclaim 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
InsuranceProgram, and said office recommends that this claim be
settled for the sum of $1,500.00;
‘
NOW, THEREFORE, BE IT RESOLVED BY THE c@MINCRfFINDEX
THE CITY. OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to Guarino Aguilera and Gerald Foreman, his
Attorney, without the admission of liability, the sum of $1,500,00
in full and complete settlement of all bodily injury, claims and
demands against the City of
releasing the City of Miami from all bodily injury, claims and
dsmands.
Miami, upon the execution of a release,
y of JULY
CITY COMMISSION
MEETING OF
JUL I 4 1977
moo
Jose B. Alvarez
Deputy City Attorney
Law Department
APPRO .As TO FORM AND CORRECTNESS
tl444P tdE • MAMA RAN Ul41 •.
fable Md bers of the
ominisSion
rge KIiox, d'r •
City At orney
cJ`Ulle 21> 1977 ICI" V 77-799
gettleient of bodily injury
Clain of Guarino Aguilera
VS. The City of Miami polioe
bepartment & Albert Whiteside
-E-ENcEs:
KSt
_ _ � :.. Cityof Miami
Aguilera has filed a Claim against the
Guarino Aguil _ -
through his Attorney, Gerald Foreman, which includes a bodily,
injury claim.
The accident occurred on February 20, 1977, at 1:30 A.M. at
Tigertail Avenue and Aviation Avenue, Coconut Grove, Florida.
The City of Miami Police unit was en route to a female in distress
call, in which no siren or blue lights were authorized. The vehicle
was moving at a rate of speed in excess of 70 miles per hour on
Tigertail, headed northeasterly, at a point in the road neat
Aviation Avenue, where the roadway bends to the right. The claimant
unit was headed N.W. on Aviation Avenue, leaving a stopped position
from a stop sign. The front end of the Police vehicle made contact
with the left front side and door of the Aguilera vehicle. Both
were constructive total losses.
The approach speed of the Police vehicle was approximately 110 feet
per second, which gave the operator of the other vehicle slightly
over 1.5 seconds to react to the approach of the Police vehicle.
Guarino Aguilera received numerous bruises in the area of the
mandible and left ankle, with a two inch cut at the left elbow.
This was sutured and now results in a permanent scar.
Total medical expense to date is $167.00, excluding future plastic_
surgery.
The claimant lost time from his college classes and also had
provide a rental vehicle for a brief period of time.
The claimant's bodily injury claim can be settled for $1,500.0
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