HomeMy WebLinkAboutR-76-0332JBA:gg
8/11/76
"SU P PORT VE
FOLLVW1!
RESOLUTION No, 76`3
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO HAROLD COPE,
WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF $1,500,00 IN FULL AND
COMPLETE SETTLEMENT OF HIS CLAIM
AGAINST THE CITY OF MIAMI FOR AL-
LEGED PERSONAL INJURIES SUFFERED
ON JULY 17, 1974, WHEN HE FELL TO
THE BOTTOM OF AN ALLEGEDLY UNCOVERED
STORM CATCH BASIN IN THE SIDEWALK
LOCATED AT OR NEAR THE INTERSECTION
OF N. W. 8TH AVENUE AND 21ST STREET,
MIAMI, FLORIDA, UPON THE EXECUTION
OF A RELEASE RELEASING THE CITY OF
MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, the Plaintiff, HAROLD COPE, filed an action
against the City of Miami in the Circuit Court of Dade County
bearing No. 75-18083, claiming personal injuries suffered on
July 17, 1974, when he fell to the bottom of an allegedly
uncovered storm catch basin in the sidewalk located at or near
the intersection of N. W. 8th Avenue and 21st 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
"DOCUMENT INDEX
ITEM NO. ►�
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION F THE
for the sum of $1,500.00.;
CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to HAROLD COPE, without the admission of
liability,.the sum of $1,500,00 in full and complete settlement
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Of his claim against the City of Miami for alleged personal
injuries suffered oh July 17, 1974, when he fell to the bottom
of an allegedly uncovered storm catch basin in the sidewalk
located at or near the intersection of Ni W. 8th Avenue and
21st Street, Miami, Florida, upon the execution of a elease
releasing the City of Miami from all claims and demands.
1976.
PASSED AND ADOPTED this 25 day of
THERN
CITY CLERK
PREPARED AND APPROVED BY:
JOSE B. ALVAREZ, Director
Torts Division
Law Department
MARCH
MAURICE A, FERRE
APPROVED AS TO FORM AND CORRECTNESS:
JOHN S. LLO
Cjity Attorney
MAYOR
"S r)
De-. 1 .1 'R-FIVE
CITY OF M.MIAMI, FLORIDA
INTER -OFFICE MEMORANbUM
PROW
Honorable Members of the DATE. March 25, 1976 h1LE. L=75-095
City Commission
John S. Llo
Sit t t 4 'e
`,{i�i 4•
SU9JEcT•
Settlement of claim
i
REFERENNCEs Harold and Mary Cope vs.
City of Miami, 075=18083
ENCLOSURES
Mr. Harold Cope and his wife, Mary Cope (deceased), filed an
action against the City of Miami in the Circuit Court of Dade
County, bearing No. 75-18083, claiming personal injuries suf-
fered on July 17, 1974, when Plaintiff Harold Cope was walking
along in the company of his neighbor, Jack Snyder, and fell to
the bottom of an uncovered storm catch basin in the sidewalk
located at or near the intersection of N.W. 8th Avenue and
2lst Street, Miami, Florida.
Plaintiff Harold Cope experienced an acute lumbo-sacral sprain
with lumbar radiculitis; he further claimed that he could not
bend, lift, sit or stand for long periods of time. Mr. Cope
received medical treatment consisting of medications and
physiotherapy to the affected areas during the three months
following the accident; Plaintiff was discharged from the
doctor's care with a permanent partial rating of disability
(PPRD) of 10-15% to the body as a whole, due to the residual
impairments from the injuries sustained. The total of
Plaintiff's medical bills was $472.00.
Plaintiff further claimed loss of earnings and impairment of
his future working ability. His wife, who died during the
litigation of this case, claimed diminishment of her husband's
companionship, society and consortium.
Mr. Jack Snyder, the eye -witness, gave a written statement to
Mr. Wallace Hostetter, Investigator for Plaintiff's counsel.
After considerable pre-trial activity, the cause was set to
be tried on April 5, 1976.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
To: City Commission Re: Harold and Mary Cope
Prom: City Attorney Date: 3/25/76
The firm of Brumer, Moss, Cohen & Rodgers, who represents the
Plaintiff, made an original demand of $4,500.00. After exten-
sive negotiations, however, they finally accepted the sum of
$1,500.00 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 considerable
exposure to the City in terms of further litigation, it is
recommended that the instant claim be settled for the sum of
$1,500.00.
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