HomeMy WebLinkAboutR-77-0663■
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EMS/es
7/15/77
• RESOLUTION NOa 77-663
A tESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
RAY TO FLORENTINO DELGADO, WITHOUT THE ADMISSIOtNt OF
LIABILITY, THE SUM OF $500.00, IN FULL AND COMPLETE
SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI
FOR ALLEGED PERSONAL INJURIES SUFFERED ON AUGUST 22,
1975 WHEN HE FELL ON A BROKEN OR DEFECTIVE SIDEWALK
AT 433 N.W. 11TH AVENUE, MIAMI, FLORIDA, UPON THE
EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI
FROM ALL CLAIMS AND DEMANDS.
WHEREAS, a claim has been filed by FLORENTINO DELGADO
against the CITY or MIAMI for a fall occasioned upon a sidewalk`
oWned and controlled by the City of Miami, and
WHEREAS, counsel for Florentino Delgado has agreed to
accept $500.00 as full and complete settlement for the above`
law suit, 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 offer
$500.00 in full and complete settlement of the above claim,
NOW, THEREFORE, BE IT RESOLVED BY THE comnISSION OF THE
CITY OF MIAMI, FLORIDA:
1. That the Director of Finance is hereby authorized and
directed to pay to FLORENTINO DELGADO, without the admission of
liability, the sum of $500.00 in full and complete settlement
of his claim against the City of Miami for alleged personal in-
juries suffered on August 22, 1975, when he fell on an allegedly
broken or defective public sidewalk at 433 N. W. llth Avenue,
Miami, Florida, upon the execution of a release releasing the
City of Miami from all claims and demands.
PASSED AND ADOPTED this 23 day of JULY
MAURICE A. FERRE
MAYOR
"DOCUMENT I
1977.
ITEM NO .3
DEC
CITY COMMISSION
MEETING OF
J U L 2 :8 1977
RESOLUTION NO. ,77" 6 6
REMARKS: ,... .
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3
PREPA
D APP:. ED B
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e M. teinfeld
istant City Attorn
APPR'►._ D AS TO FORMAND C.IU ECTNESS
. I
Georg F. Knox, Jr.
City attorney
Honorable Members of the
City Commission
. Knox, Jr.
orney
177 �,..
.Ally 15, 1977
gettlement of Claim
?lorentino Delgado v. City of
Miami and G.G.W., Inc.; Circuit
Court No. 75-7255
On October 14, 1976 Florentino Delgado filed a law suit
against the City of Miami alleging that he was caused to fall
on a City sidewalk because of the large cracks and unevenness
existing in said sidewalk.
Mr. Delgado occasioned $1,338.58 in medical bills and his
treating physician recommended that he would have a 10 percent
permanent disability occasioned by the slip and fall on the
City sidewalk.
During pending discovery and investigation, the City
Attorney's Office filed a Third -Party Claim against the property
owner adjoining the complained of sidewalk. After further dis-
covery the insurance counsel for the adjoining property owner
has recommended a settlement of $5,000.00 to Mr. Florentine
Delgado, contributing $4,500.00 towards such settlement, leav-
ing a $500.00 contribution towards such settlement by the City
of Miami.
In light of the medical expenses occasioned by Mr. Delgado
and the rating permanency given, it is the City Attorney's
opinion that exposure to the City could easily be in excess of
$3,000.00 if this case were tried before a jury.
Based upon the above, it is the City Attorney's opinion
thathe settlement of $500.00 be accepted.
GFK/EMS/ts