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92841
RESOLUTION No. 77-850
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ANDRE DUKES AND BRUMER,
MOSS, COIHEN & RODGERS, WITHOUT THE ADMISSION
OF LIABILITY, THE SUM OF $1,996.00 IN FULL
AND COMPLETF SETTLEMENT OF ALL BODILY INJURY
AND AUTOMOBILE; COLLISION DEDUCTIBLE CLAIMS
AND DEMANDS AGAINST THE CITY OE' MIAMI, UPON
THE EXECUTION OF A RE;LIASE, RELEASING THE
CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS,
AND TO PAY TO STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, WITHOUT TIii ADMISSION OF
LIABILITY, I'IIE SUM OF $1, 395.00 IN FULL AND
COMPLETE SETTLEMENT OF THIEIR PERSONAL INJURY
PROTECTION LIEN AND COLLISION SUBROGATION
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI,
UPON THE EXECUTION OF A RELEASE, RELEASING
TIIE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
"SUPPORTIVE
DOCUMENTS
FOLLOW" WHEREAS, Andre Dukes, through her Attorneys, Brumer,
Moss, Cohen & Rodgers, filed a claim against the City of Miami
for alleged bodily injury and automobile collision deductible
claims, and State Farm Mutual Automobile Insurance Company filed
a claim against the City of Miami for an alleged collision
subrogation claim and an alleged personal injury protection lien,
resulting from an accident involving a City -owned vehicle on
January 21, 1976, at or near Biscayne Boulevard and N.E. 13th
"DOCUMENT INDEX
ITEM NO. S :'
WHEREAS, the above claim has been investigated by the
Street, Miami, Florida; and
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 $1,996.00, and $1,395.00 respectively;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is 3°Ee'reby
authorized to pay to Andre Dukes, and Brumer, Moss, Co
CITY COMMISSION
hen ,&, Rodger•$„
it ! ..3 ;,,,,
RE5k.;.i'ilu'i Ng .. "4 8.5
REI.ARFS:
het Attorneys, without the admission of liability, the sum of
$1,996.00 in full and complete settlements of all bodily injury
and automobile collision deductible claims and demands against
the City of Miami, upon the execution of a release, releasing
the City of Miami from all bodily injury, automobile collision
deductible claims and demands.
Section 2. That the Director of Finance is hereby
authorized to pay to State Farm Mutual Automobile Insurance
Company, without the admission of liability, the sum of $1,395.00,
in full and complete settlement of personal injury protection lien,
claims and demands and their collision subrogation 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 and all personal injury protection liens, claims
and demands.
PASSED AND ADOPTED this 26 day of OCTOBER / "/1
1977.
MAURICE A. FERRE
M AY O
Attests"
City Clerk
PREPARED AND APPROVED BY:
•
Jose B. Alvarez
Deputy City Attorney
Law Department
D AS TO FORM AND CORRECTNESS:
Ge rge F Knox, Jr.
City Att ney
2
Honorable Members of the
City Commission
1137
'---F.
G org F. Knox, Jr.
City torney
7t
7
�;t f OCT 12 Ai f ,.
10"•'
y�.
Sept. 28, 1977 V 76-582
Settlement of bodily injury
and automobile collision
deductible claim of Ms. Andre
Dukes, and in settlement of the
collision subrogation claim and
personal injury protection lien
of State Farm Mutual Automobile
Insurance Company
Andre Dukes, has filed a claim against the City of Miami, through
her Attorney, Edward A. Moss, of the lain offices of Brumer, Moss,
Cohen & Rodgers, involving bodily injury, personal injury protection,
and automobile collision deductible, resulting from an accident
involving a City of Miami Police vehicle.
In addition, there is a collision subrogation and personal injury
protection lien being pursued by the State Farm Mutual Automobile
Insurance Company.
This accident occurred on January 21, 1976, at about 11:00 P.M.,
on Biscayne Boulevard, at the south end of the intersection with
N.E. 13th Street, Miami, Florida. The City vehicle was south -
bound on Biscayne Boulevard, moving at a high rate of speed. An
unidentified vehicle, northbound in the left turn lane of
Biscayne Boulevard, initiated and completed a left turn in
front of the Police vehicle. As this was done, the Police
vehicle operator changed direction to the left, making a arc'
over about 200 feet, so as to have the front end make contact
with the center of the left side of the northbound vehicle in
the center lane of Biscayne Boulevard. Impact was considerable
and both vehicles were constructive total losses.
Andre Dukes was a passenger in the vehicle which she owned.
Basic injury was a sore neck, pain to the shoulder area, numerous
bruises, to include the left elbow, and hematoma of both knees.
A state of depression, leading to a diagnosis of anxiety was
noted. Tachycardia was also present. No permanent injury was
expected.
This individual lost six actual work days, which are valued at
$77.50 per day.