HomeMy WebLinkAboutR-76-0248J$A:gg
2/11/16
"SUPPORTIVE
000U MENTS
FOL►_ I!!
RESOLUTION No.
76-248
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO BERONA LEON,
WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF $900.00 IN FULL AND COMPLETE
SETTLEMENT OF HER CLAIM AGAINST THE CITY
OF MIAMI FOR ALLEGED PERSONAL INJURIES
SUFFERED ON APRIL 19, 1973, WHEN SHE
FELL ON AN ALLEGEDLY DEFECTIVE PUBLIC
SIDEWALK AT OR NEAR 1200 S.W. FIRST
STREET, MIAMI, FLORIDA, UPON THE
EXECUTION OF A RELEASE RELEASING THE
CITY OF MIAMI FROM ALL CLAIMS AND
DEMANDS.
"DOCUMENT
STEM NO.
WHEREAS, the Plaintiff, BERONA LEON, fi ed an actin
against the City of Miami in the Circuit Court of Dade County
bearing No. 73-14398, claiming personal injuries suffered on
DEX
If
April 19, 1973, when she fell on an allegedly defective public
sidewalk at or near 1200 S.W. First Street, Miami, Florida; and
WHEREAS, the investigation of this claim and the pre-
trial discovery were conducted by the office of the City Attorney
and said office recommends that this claim be settled for the am
m
of $900.00;
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 BERONA LEON, without the admission of
liability, the sum of $900.00 in full and complete settlement
of her claim against the City of Miami for alleged personal
injuries suffered on April 19, 1973, when she fell on an
CITY COMM1SSPON
MEETING OF
MAR 4
allegedly defective public sidewalk at or near 1200 Sant, First
Street, Miami, Florida, upon the
releasing the City of Miami from
1976,
execution of a release
all claims and demands.
PASSED AND ADOPTED this 4_.
H, D. SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:
JOSE . B . ALVAREZ
Torts Division
Law Department
day of MARCH
MAURICE A, FERRE
APPROVED AS TO FORM AND CORRECTNESS:
HN S. LLOYD
ty Attorney
MAYOR
"3 j PO nTi V'E
F V L L Vf "
CITY OF MIAMI, FLCRICA
INTER -OFFICE MEMORANDUM
TO Honorable Members of
the City Commission
[DATE February 26, 1976 FILE L-73-070
SIJI3JEGi
Settlement of claim
REFERENCES!
ENCLOSURES:
Berona Leon et vir. vs.
Metropolitan Dade County, et al.
Mrs. Berona Leon and her husband, Gustavo Leon, filed an action
against the City of Miami in the Circuit Court of Dade County,
bearing No. 73-14398, claiming personal injuries suffered on
April 19, 1973, when Mrs. Leon fell on an allegedly defective
public sidewalk at or near 1200 S.W. First Street, Miami, Florida.
Plaintiff sustained a sprain to her right elbow which caused her
to be in a cast for a short period of time. She further suffered
contusions and lacerations to her knee, thumb and shoulder. She
was treated with ultrasound and discharged from her physician's
care approximately two months later with no permanent impairment.
The total of her medical bills was $280.00.
Plaintiff further claims loss of net wages of $62.00 per week for
four months because of continuing pain.
The City had won a summary judgment in this case; haaever, it was
reversed on appeal and remanded for trial. At this point,
extensive negotiations took place in which Plaintiff's counsel
made an initial demand for $1,500.00, but finally accepted the
sum of $900.00 in full and complete settlement of this case.
Based upon the advice of Mr. Jose B. Alvarez, Director of the
Torts Division of this Department, and in lieu of exposure to
the City of up to $2,000.00 plus the cost of additional discovery
and trial, it is recommended that the instant claim be settled
for the sum of $900.00.
�TS-Lr f1 gig
"SUPPORTIVE
DOCUMENTS
FOLLOW"