HomeMy WebLinkAboutR-77-0852Ak/aeb
10/18/77
RESOLUTION NO. 77-852
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO ACCEPT THE SUM OF $481.82
IN FULL AND COMPLETE SETTLEMENT IN THE
CLAIM OF THE CITY OF MIAMI VERSUS KRAFT
FOOD, DIVISION 0}' KRAFTCO CORP.; AND
AUTIORIZING THE CITY MANAGER R AND THE CITY
CLERK OF THE CITY OF MIAMI TO EXECUTE A
RELEASE RELEASING KRAFT FOOD, DIVISION OF
KRAFTCO CORP., FROM ANY AND ALL CLAIMS AND
DEMANDS ARISING OUP OF TIIE ACCIDENT INVOLVED
IN THE ABOVE CLAIM.
WHEREAS, a claim has been filed by the City of Miami
against Kraft Food, Division of Kraftco Corp., as a result
of a collision between a City of Miami vehicle and a vehicle
owned by Kraft Foo:i, Division of Kraftco Corp.; and
WHEREAS, an offer of settlement on behalf of Kraft Food,
Division of Kraftco.Corp. has been made to the City of Miami
which offer is in the amount of $481.82; and
WHEREAS, the City Attorney of the City of Miami has ad-
vised that it is in the best interest of the City of Miami to
accept said offer of $481.82 in full and complete settlement
of the above claim;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
"DOCUMENT NDEX
ITEM NO. "
Section 1. The Director of Finance is here]y authorized
and directed to accept the sum of $481.82 in full and complete
settlement in the claim of the City of Miami versus Kraft Food,
Division of ':Tattoo Corp., and the City Manager and the City Clerk
of the City of Miami are authorized to execute a release releasing
Kraft Food, Division of Kraftco Corp. from any and all claims and
demands arising out of the accident involved in the a)y vo ^1a;R, ____
CITY COMMISSION
"SUPP� T', fL MEETING OF
D0CU^(y lEN,S OCT201?r7
F(L 1 ( Af 7 PESCIU,a, 1 N -..7.7 ..8
REMARrS:
CITY OF MIAMI, FLORIDA:
PASSED AND ADOPTED this day of OCTOBER 1977
October, 1977.
Attest:
PREPARED AND APPROVED BY:
Jose B. Alvarez
Deputy City Attorney
IvA[1RTC`F. A. EE RE
Y 0 R
07-1
City Clerk
APiROVED AS TO FORM AND CORRIXTNESS:
-L . 1 _Z
-
GeorgTF. I{nox, Jr.
City Attorney
"SUPPORTIVE
FOLLOW„
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
10,
FROM:
The ,onorable Members
DATE October 21, 1977
o ► th - City Commis 5"8'E`7 Settlement of Claims
Against Others
FILE: CV-77-048
George
City Attorney
. Knox,
Jr.
REFERENCES.
ENCLOSURES.
Resolution
This claim involves one motor vehicle owned by the City of Miami
and used by the Police Department, while the adverse motor vehicle
' is one owned by Kraft Food Division of Kraftco.
CITY OF MIAMI vs. Kraft Food, Division of Kraftco Corp.
File # CV-77-048
This accident took place on June 21st, 1977, at Northwest 62nd
Street and Northwest 12th Avenue, Miami, Florida.
The full amount of damage to the police vehicle is $642.42.
The City Police vehicle was westbound in the left traffic lane,
in the vicinity of the eastside of the intersection with N.W.
12th Avenue, Miami, Florida.
The adverse vehicle was eastbound in the right traffic lane. This
intersection is contrdled by an automatic traffic signal suspended
overhead.
The traffic signal was in process of changing from green to amber
to red for east -west traffic as these vehicles approached the inter-
section area.
The police vehicle operator and passenger indicate that the police
vehicle's left turn commenced at a point when the traffic signal for
westbound changed to red. The tractor trailer unit was approaching
and attempting to stop immediately previous to the accident, however,
stoppage was impossible as the police vehicle made its left turn
through the first eastbound lane and its front left end became in-
volved with the left rear tractor wheels.
• j r.
r ('"
'Tot The Honorule Members October 21st, 1977
of the City Commission
stet Settlement of Claims
Against Others
Page 2 cont.
The outside witnesses, Margaret Shaw and James Barnes, were
to the rear of the tractor trailer unit upon approach to this
intersection. The light was amber for the tractor trailer
unit and initially there may have been some attempt to run
the amber, however, at the last minute brakes were applied
with some 100' of skid marks overall placed by the tractor
trailer •snit.
The plight of the tractor trailer operator should have been
noted by the police officer, however, there was an apparent
lack of proper lookout which resulted in the police operator
proceeding with a left turn.
This matter falls under comparative negligence. To place
this on a precentage basis, which is proper, we have a
potential to negotiate this to a75% recovery of the City
vehicle damage. This appears to be more than adequate in
this particular instance.
This matter should be settled for the amount of $481.82
based on comparative negligence.
The above claim has been investigated by the Torts Division
of the City Attorneys Office and said office recommends that
the said claim be settled by accepting the negotiated amount
of $481.82. This is to cover the property damage to the City
vehicle.
PW/aeb
Enc. (Resolution)