HomeMy WebLinkAboutR-77-0662RESOLUTION N0. 77-669
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
O ACCEPT THE SUM OF $600.00 IN FULL AND COMPLETE
SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI V.
MARK COLE TRUMBLE, ROYAL CROWN BOTTLING COMPANY
OF MIAMI, AND ARGONAUT INSURANCE COMPANY; AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A RELEASE RELEASING MARK COLE TRUMBLE,
ROYAL CROWN BOTTLING COMPANY OF MIAMI, AND
ARGONAUT INSURANCE COMPANY, FROM ANY AND ALL
CLAIMS FOR PROPERTY DAMAGE ARISING OUT OF THE
ACCIDENT WHICH IS THE SUBJECT MATTER OF THE ABOVE
CLAIM.
WHEREAS, a claim has been filed by the City of Miami
against Mark Cole Trumble, Royal Crown Bottling Company of Miami,
and Argonaut Insurance Company as a result of a collision between
a City of Miami vehicle and a truck owned by Royal Crown Bottling
Company of Miami; and
WHEREAS, an offer of settlement on behalf of Mark Cole
Trumble, Royal Crown Bottling Company of Miami, and Argonaut Insur-
ance Company has been made to the City of Miami, which offer is
in the amount of $600.00; and
WHEREAS, the City Attorney of the City of Miami has
advised that it is in the best interest of the City of Miami to
accept said offer of '600.00 in full and complete settlement of
the above claim,
NOW, THEREFORE, BE IT RESOLVED BY THE CO N
7OCUMEMT
THE CITY OF MIAMI, FLORIDA:
NO.
Section 1. The Director of Finance is hereby authorized
and directed to accept the sum of $600.00 in full and complete
settlement in the claim of City of Miami v. Mark Cole Trumble,
Royal Crown Bottling Company of Miami, and Argonaut Insurance
Company, and the City Manager and the City Clerk of the City of
Miami are hereby authorized to execute a release releasing Mark
Cole Trumble, Royal Crown Bottling Company of Miami, and Argonaut
CITY COMMISSION
MEETING OF
JUL 2 u 1977
NEWT la t407 7
■
ttSU1ahce Uotnpany froth any and all claims and demands for property
damage arising out of the accident which is the subject matter of
the above claim.
PASSED AND ADOPTED THIS 23TH
ATTEST:
RALPG. ONGIE
ITY CLERK
PREPARED AND APPROVED BY:
JUDITH HOLLANDER
ASSISTANT CITY ATTORNEY
AP.PROV D AS TO FORM AND CORRECTNESS:
GbfORGE F KNOX. JR
CITY ATT NEY
day o
JULY 1977,
MAURICR A. FERRE
MAURICE A. FERRE
MAYOR
77-662
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City of Miami v. Mark Cole
Tremble, Royal Crown Bottling
Company of Miami, and Argonaut
Insurance Company
The City of Miami has filed a claim against Mark Cole Trumble, Royal
Crown Bottling Company of Miami, and Argonaut Insurance Company,
for property damage resulting from a collision between the defendant,
Royal Crown Bottling Company of Miami's truck, and a City of Miami
police vehicle. This accident occurred on August 11, 1975 at the
intersection of N.W. 17th Street and 3rd Avenue. Miami. The city
vehicle was westbound on 17th Street and approaching 3rd Avenue in
response to a call, with flashing lights and sirens in operation.
The Royal Crown truck was proceeding north on 3rd Avenue. 17th
Street at that intersection is controlled by stop signs. The
police car went through the stop sign and was struck by defendant's
truck in the intersection.
Upon taking depositions for discovery prior to trial, it was found
that there were conflicting statements as to whether the police
officer driving the city's vehicle had slowed down as he approached
the stop sign or had stopped just past the stop sign and was pro-
ceeding to back up before impact. His activities were observed by
another police officer proceeding eastbound on 17th Street in
answer to the same call.
Damage to the city vehicle was in the amount of $1810. Damage to
the Royal Crown truck. as reflected by police accident report, was
in the amount of approximately $300. Under the law of comparative
negligence, each party would be liable for a percentage of the
other party's damages. That percentage is determined by the amount
of fault attributed to each party. In this situation liability is
highly questionable but either party could easily be determined to
be 50% at fault. Therefore. defendants' possible counterclaim for
$300 should be subtracted from the City's claim of approximately
$1800, leaving a total of $1500. Since the defendants could be
determined to be 50% liable, the City might have recovered $750
on this claim. Therefore, a $600 settlement paid to the City is
reasonable in light of the expense that would be involved in pro-
ceeding to trial.