HomeMy WebLinkAboutR-77-0961RESOLUTION NO.
. D61
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO LAURIE C. ASSAEL
ADMISSION OF LIABILITY, 1'HE SUM OF $6,645.00
IN FULL AND COMPLETE SETTLEMENT OF ALL
BODILY INJURY, AND PERSONAL INJURY PRO-
TECTION LIENS, CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, AND UPON EXECUTION OF
A RELEASE, RELEASING THE CITY FROM ALL
CLAIMS AND DEMANDS.
WHEREAS, Laurie C. Assael, through her Attorney, Jack
S. Weiss, filed a claim against the City of Miami for alleged
bodily injury, and personal injury protection lien, resulting
from an accident, involving a City -owned vehicle on November 16,
1976 at or near South Dixie Highway and S.W. 27th Avenue, Miami,
Florida; and
WHEREAS, the above claim has been investigated by the
Torts Division of the City Attorney's office, in accordance with
Ordinance No. 8417, which creates the City of Miami's Self -Insur-
ance Program, and said office recommends that these claims be
settled for the sum of $6,645.00 respectively;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to Laurie C. Assael) "DOCUMENT INDEX
ITEM ►,
without the admission of liability, the su Do
$6,645.00 in full and complete settlement of all bodily injury
and personal injury protection liens, claims and demands against
the City of Miami, upon the execution of a release, releasing the
City of Miami from all bodily injury and personal injury protection
"SUPPORT".
DOCUMF' 1
FOLLOW"
CITY COMMISSION
MEETING OF
DEC i 5 1977
RESo uraN
Iligemut
iiei s► diaims and demands.
PASSED AND ADOPTED this 15 day of DECEMBER 1977.
MAURICE A. FERRE
PREPARED AND APPROVED BY:
Jose-B.- Alvarez
Deputy City Attorney
'
AP' ' OVENAS TO FORM AND CORRECTNESS:
George Knox, Jr.
City At .rney
'77 C r' Pik 2 5 a
Honorable Members of
the City Commission
George ('. Knox, Jr.
City Attorney
November 29, 1977 V-76-721
In Settlement of Bodily Injury,
Potential Personal Injury Protecti-
Lien & Property Damage Claim of:
Laurie C. Assael vs. City of Miami
Police Department & Richard Pipkir
D/A: 11/16/76 9:25 AM
P/A: So. Dixie & SW 27th Ave.,
Miami, Fla.
Laurie C. Assael has filed a claim against the City of Miami through
her attorney Jack J. Weiss, involving bodily injury, potential personal
injury protection lien and automobile property damage, resulting from
an accident involving a City of Miami police vehicle.
LIABILITY:
Officer Pipkin was on S.W. 27th Avenue, northbound, attempting to re-
spond to a robbery in progress call. Approach to So. Dixie Highway
which is US I, was on a red light and the officer was attempting to
cross this ruse thoroughfare against the traffic signal. Two (2)
of the eastbound lanes of traffic stopped as the officer proceeded
across the intersection, however, the plaintiff in the left eastbound
lane failed to stop and the frontend made contact with the left rear
door and rear wheel area of the police vehicle spinning both about in
the intersection.
Witness statements support the officer proceeding into the intersection
on a red light •with blue lights only and no siren. One of the witnesses,
former Judge Gerald Tobin, is completely unfavorable, while two (2) of
the witnesses are somewhat more favorable in the manner in which the
police vehicle :.ras placed into the intersection on a red light.
In this particular instance, it would be reasonable to make a compromise
settlement.
CLAIMANT:
Laurie C. Assael is the claimant owner and operator, is represented by
Attorney at law Jack J. Weiss.
She received an avulsion of the skin in the upper middle portion of the
forehead with glass embedded in the left forehead. There were several
small areas of abrasion and avulsion throughout the forehead, complaint
of chest pain, nausea, headaches and vomitting developed. Permanent
scarring is left in the upper forehead and requires cosmetic revision
when the scar is matu:-e. Its present V, ,9 „?1,, ,somewhat in excess of the
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9G 1
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To: Honoraxale Membsrs of NoVember 29th, 1977
the City Commission
Page 2
size of a dime..
SPDZIAL DAnIAGES:
Medical Facilities
Laurie Assael vs. City
of Miami Police Dept.
AMOUNT
Mercy Hospital $1,121.25
_ _,
I. Thompson, MD 400.00
S. Shafey, C.A.T. Scanners 425.00
Drs. Galluccio & Egan (Radiologists) - - - 46.00
B. Schlecter, MD Neurologist 150.00
J. T. Kessler, M.D. 70.00
Total Actual Medical to Date: $2,212.25
Verified Loss Time & Wage 148.75
Total Actual Special Damage Amount - - - - 2,361.00
Dr. I. Thompson - projected cosmetic
revision cost 1,500.00
Total Special Damage Potential - - - - 3,851.00
The claimant vehicle which was a 1936 Volkswagen which was a constructive
total loss and the compromise value is $ 145.00.
Personal Injury Protection lien is not subrogable and there was no collision
coverage on the vehicle.
The above claim has bcea investigated by the Torts Division of the City
Attorney's Office and in accordance with Ordinance # 8417, which creates
the City of Miami Self -Insurance Program and said office recommends that
the said claims be settled for $6,645.00 to include bodily injury claims,
potential personal injury protection liens, and the property damage claim
for the total amount of $6,665.00.
GFK/P.a/aeb
Resolution