HomeMy WebLinkAboutR-76-0289J SL : PW : ro
3/1/76
RESOLUTION NO. 76-289
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO CESAR MANUEL PEREZ,
WITHOUT THE ADMISSION OF LIABILITY, THE
SUM OF $1,800.00, IN FULL AND COMPLETE
SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, UPON THE EXECUTION OF A
RELEASE, RELEASING THE CITY OF MIAMI FROM ALL
CLAIMS AND DEMANDS.
WHEREAS, Mr. Cesar Manuel Perez filed a claim against
the City of Miami for alleged personal injury, resulting from
an accident involving a City -owned vehicle on September 3, 1975,
at or about 3:40 P.M., at or near the intersection of N.E. First
Avenue and N.E. Ninth Street, 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 Self -Insurance
Program, and said office recommends that this claim be settled for
the sum of $1,800.00;
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 Mr. Cesar Manuel Perez, without the admission
of liability, the sum of $1,800.00 in full and complete settlement
of all claims and demands against the City of Miami, upon the
execution of a release, releasing the City of Miami from all claims
and demands.
"DOCUMENT NDEX
DOCUMENINDEX
ITEM NO.
!1
CITY COMMISS}ON
MEETING OF
MAR 4
6
PAsSED MD ADOPTED this day of MARCH # 1976e
/ _71› (-) /9 MAURICE A. FERRE
7-7.L MAYOR
Attest: H. D1 SOUTHERN
City Clerk
PREPARED AND APPROVED BY:
•
Jose B. Alvareii'
Director
Torts Division
Law Department
APPROVED AS TO FORM AND CORRECTNESS:
'City Attorney
)715HN S. LLOYD
•
CITY OF rLOR'D
INt R•OFFICE MEMORANDUM
ra:
FIROM,
Jose B. Alvarez
Director, Torts Division
taw Depalr`tment
Paul Weber
Insurance Supervisor
ATF.:
REFER_NC$S
FNCLO L Ar
}:ebruary 18, 1976 FI` V-75-516
Cesar Manuel Perez
vs,
THE CITY OF MIAMI
Date of Accident: 9/3/75
The special damages on this matter are now available and we should
proceed to settle the last remaining claim.
This accident as you know, occurred on September 3, 1975, at about
3:40 P.M., in the intersection of N.E. First Avenue and N.E. 9th
Street, Miami, Florida.
The fire Vehicle was in the center lane of three northbound traffic
lanes, while the claimant vehicle was in the left northbound lane.
No signal was given to make a lest turn, as the claimant attempted
to pass along the left side of the fire engine. No emergency signals
were given from the fire vehicle. As t';e turn was initiated, the
collision occur reci between these vehicles.
Liability is basically against the City and we therefore proceeded
to handle the property damage claim on the vehicle as soon as
practicable. This was settled some time ago and the bodily injury
claim has been left open for some time.
The claimant operator is Cesar Manuel Perez, age 18, of 4115 S.W.
98th Avenue, Miami, Florida. He is employed by Air -Sea Shipping.
Initial emergency room treatment was completed at Jackson Memorial
Hospital on the date of accident, with follow-up by Jose Nickse, M.D.
The injury was diagnosed as a contusion with hernatoma on the•right
parietal area, a cervical sprain, dorsal sprain with accompanying
headaches and nervousness. There is no permanent injury; there
was no lost time from work.
Special damages are as follows:
Doctor Jose Nickse
Date of treatment: 9/5 to 10/20/75
Jackson Memorial Hospital: 9/3/75
Randall .astern Ambulance: 9/3/75
Total
$6i30.00
,
7,,, ) .a0
40.00
$749.80
To: Jose 13, Alvarez
February 18, 1976
There has been no claim made to the No -Fault Carrier, and we would
therefore want to handle the three expenses noted above directly
with the necessary establishments, Separate checks should be sent
to each of them.
It turns out that a total amount of $1,800. including the above-
mentioned bills, can settle this claim and 1 believe we should
proceed in this direction as soon as possible.
Suggest we go over the details and set up the necessary procedures
to get this matter closed as soon as possible.
PW s ro
4
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO.
FROM
14011Orable Members of the
City Commission
John S. Lloyd
ityi t
DATE
SUBJECT
REFERLNCIEG•
Ma roh 2, 1976
FILE V_75=5i6
Sett lernent of C la imn of
Cesar Manuel Perez
Mr. Cesar Manuel Perez filed a claim against the City of Miami
which could have a value in excess of $3,500.00 for alleged personal
injury resulting from an accident involving a City vehicle on
September 3, 1975, at about 3:40 P.M., at or near the intersection
of N.E. First Avenue and N.E. 9th Street, Miami, Florida.
A City of Miami fire vehicle was in the center lane of three north-
bound traffic lanes without emergency equipment operating and with-
out a left turn signal, when a left turn was initiated, which
resulted in a collision with the Perez vehicle, which was also
northbound but in the left traffic lane.
The vehicle driven by Mr. Perez was owned by his employer, Air -Sea
Shipping, and this particular claim was extinguished earlier in the
amount of $969.43.
Mr. Perez was treated for contusion with hematoma on the right
parietal area, a cervical sprain, a dorsal sprain, with accompanying
headaches and nervousness, and there is no permanent injury.
The total amount of medical expense: is $748.80, all of which is
left to be paid out of any settlement proceeds.
Mr. Perez is not Attorney represented at this time and we can conclude
his bodily injury claim for the amount of $1,800.00, out of which
the special damages will be paid. This is a very favorable amount
for the settlement of this personal injury claim and I recommend
that it be accepted.
PW:ro