HomeMy WebLinkAboutR-77-0960CJP/fi
11/3/77
"SUPPOR717
IDOCUP,IEI\.'
FOLLOW"
RESOLUTION NO. ° ° `‘). t3 0
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ROSA GU=MAN, WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF
TWELVE HUNDRED FIFTY noLLARs ( S1250.00)
IN FULL AND CoMPLETE SETTLEMENT OF HER
CLAIM AGAINST THE CITY OF MIAMI FOR
ALLEGED PERSONAL INJURIES SUSTAINED BY HER,
UPON THE EXECUTION OF A RELEASE RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, the Plaintiff, ROSA GU:MAN, filed an action
against the City of Miami in the Circuit Court of Dade County,
bearing Number 75-15402, alleging that she incurred personal
injuries due to a slip and fall in the City of Miami on
April 29, 1974; and
WHEREAS, this claim has been investigated by the Office
of the City Attorney and after considerable negotiations with
the attorneys for the Plaintiff, a settlement in the amount of
Twelve Hundred Fifty Dollars ($1250.00) would be acceptable to
the Plaintiff; and
WHEREAS, the Office of the City Attorney recommends that
this law suit be settled for the sum of Twelve Hundred Fifty
Dollars ($1250.00) which includes the Plaintiff's medical
expenses in the amount of $740.00;
NOW, THEREFORE, BE IT RESOLVED BY THE C01M,I,SS.I.ON,.1)1.3.,-1:11E
CITY OF MIAMI, FLORIDA:
Section 1.
ITEM
That the Director of Finance is hereby author-
ized and directed to pay to ROSA GU:MAN, without the admission
of liability, the sum of Twelve Hundred Fifty Dollars ($1250.00)
in full and complete settlement of her claim against the City of
Miami, including her medical expenses of $740.00, for alleged
personal injuries sustained by her,
release releasing the City of Miami
PASSED AND ADOPTED this
T :
,
CIT) CLERK
upon the execution of a
from all claims and demands,
15TH day of DECEMBER , 1977,
')IAURICE A, FERRE
MAYOR
— NAlik,745.Tre,VA.,e,
PREPARED AND APPROVED BY:
Clinton •J. Pitts, Assistant City Attorney
APP :� AS TO FORM AND CORRECTNESS:
George F. ; nox,
•
f/ttO c y
"SUPPORTIVE
DOCUMENTS
The Honorable Members
o h City Commission
George . Knox,
City Attorney
t .
f 11•
16
November 4, 1977 L-75-079
Rosa Guzman vs. City of Miami
Circuit Court No. 75-15402 (13)
(Resolution)
The Plaintiff, Rosa Guzman, filed an action against the City of Miami
on May 16, 1975, claiming personal injuries as a result of a slip and
fall on April 29th, 197-1 on West Flagler Street at its intersection
with N.W. .with Court, in the City of Miami.
The law suit alleged that Mrs. Guzman had slipped and fell In an
uncovered hole formed by the open end of an iron pipe approximately
6 inches in diameter which was in the roadway of Flagler Street at
the intersection of N.W. 56th Court.
Mrs. Guzman, age (th at the time, suffered numerous contusions and
abras ions and aggravation of a pre-existing arthritic condition in
the hips and knees. Her physician, Dr. Manuel A. Porto, examined her
and alter treating her for two years, gave her a 1.-+, permanent disabil-
ity of the body. Witnesses at the scene of the accident confirmed the
presence of the open pipe and that the hazard had been present for a
significant period of time prior to Mrs. Gu:man's fall.
Plaintiff's original demand for settlement was in the amount of $6,O00.
After considerable negotiation, counsel for the Plaintiff has agreed
to accept the sum of $120 in full and complete settlement of the case,
including the Plaintiff's medical expenses of S7-40.
To avoid rather heavy medical expenses in this case together with the
exposure of the City at trial_ and the possibility of an adverse verdict
against the City of Miami, the City :Attorney's Office recommends that
this claim be settled for the sure of $1250 in full and complete settle-
ment of this case, including the medical expenses.
G1:h/C.JP/f1
Resolution attached
FOLLQw„
'_ 96o