HomeMy WebLinkAboutR-76-0373CA :GG
4/8/76
"SUPPORTIVE
DOCUMENTS Pt E�'T !SEX
LLO' ,� DocU �
�U ITEM NO.__._1 ` ►'
WHEREAS, the Plaintiff, ANA ROMERO, filed an action
RESOLUTION No. 76-573
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO ANA ROMERO,
WITHOUT THE ADMISSION OF LIABILITY,.
THE SUM OF $1,500.00 IN FULL AND
COMPLETE SETTLEMENT OF HER CLAIM
AGAINST THE CITY OF MIAMI FOR PERSONAL
INJURIES SUFFERED ON MAY 21, 1973, WHEN
AN ALLEGEDLY DEFECTIVE CONDITION IN THE
STREET CAUSED HER TO FALL IN FRONT OF
40 N. E. FIRST STREET, MIAMI, FLORIDA,
UPON THE EXECUTION OF A RELEASE RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND
DEMANDS.
against the City of Miami in the Circuit Court of Dade County
bearing No. 75-18083, claiming personal injuries suffered on
May 21, 1973, when an allegedly defective condition in the
street caused her to fall in front of 40 N. E. First Street,
Miami, Florida; and
WHEREAS, the investigation of this claim and the pre-
trial discovery were conducted by the office of the City Attor-
ney and the City Attorney recommends a settlement of this
claim in the sum of $1,500.00 is in the best interest of the
City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA;
CITY COMMISSION
MEETING OF
APRa a 1976
00.,„ ' �3?
'11 ink win
Ro ►ero Resolution
4/8/76
Section 1. That the Director of Finance is hereby
authorized to pay to ANA ROMERO, Without the admission of
liability, the sum of $1,500.00 in full and complete settle-
ment of her claim against the City of Miami for personal in-
juries suffered on May 21, 1973, when an allegedly defective
condition in the street caused her to fall in front of
40 N. E. First Street, Miami, Florida, upon the execution of
a release releasing the City of Miami from all claims and
demands.
PASSED AND ADOPTED this g day of APRIL
1976.
MAURICE A. FERRE
(::74,t,ys -/711,(
H, D SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:
JOSE B. ALVAREZ,-'Director
Torts Division
Law Department
APPROVED AS TO FORM AND CORRECTNESS:
OHN S. LLOYD, City Atto
MAYOR
'"`J UPO ! 1TJt F
`i e , ►- t
FULLU V
'tire MIA1011. FLORIDA'
INTER-OFFICE MEMORANDUM
to:
FpO :
Honorable Members of
the City Commission
John S. Lloyd
00(
it tt
DATE:
SUBJECT
April 8, 1976
BILE''
Settlement of laWsuit
REFP.r cES
ENCLOSURES
Ana Romero vs. City of
Miami, et a1.
Mrs. Ana Romero filed an action against the City of Miami in
the Circuit Court of Dade County, bearing No. 74-13422, claim-
ing personal injury suffered on May 21, 1973, when.an allegedly
defective condition'in the street caused her to fall in front
of 40 N. E. First Street, Miami, Florida.
In view of the fact that at the site of the incident there
existed a facility which was part of the transmission or dis-
tribution ,-'stem of Florida Gas Utilities Company, the City of
Miami fi1L' third party claims against this company and against
Hartford Accident and Indemnity Company, as insurance carriers
for Florida Gas Utilities Company.
74050
Plaintiff Ana Romeo's injury was diagnosed as undisplaced
fracture of the posterior aspect of the right tibial plateau
(back of the knee); she also suffered an abrasion in the
anterior aspect of the right knee. As a result of her injuries,
the flexibility of the knee was limited to 90 degrees, or half-
way in a right angle. The orthopedic surgeon who treated her
applied a cast and later gave her physiotherapy. She was re-
leased from medical care on August of 1973 with a limitation of
5 to 10 degrees of flexion, and 5% rate of permanent disability.
As part of pre-trial discovery, on March 8, 1976, Plaintiff
Ana Romero submitted herself to a compulsory physical examina-
tion by Dr. Elwin Neal, a court -appointed orthopedic surgeon,
who also gave her a 5% rating of permanent residual disability
of the right lower extremity.
Plaintiff further claimed loss of wages, and impairment of her
working ability at that time and in the future.
"SUPPORTIVE
DOCUMENTS /1/...
FOLLOW"
TO: City Commission
?roM: aohn Se Lloyd
Re: Settlement of Romero lawsuit
4/8/76
After considerable pre-trial activity, the cause was set to
be tried on April 5, 1976.
During the last few weeks prior to trial, the parties engaged
in intense negotiation in an effort to reach a satisfactory
settlement of the case. The final settlement figure was
$5,000.00, with a contribution of $3,500.00 from Defendants
Florida Gas Utilities Company and Hartford Accident and
Indemnity Company; and a contribution of $1,500.00 from the
City.
Based upon the advice of Mr. Jose B. Alvarez, Director of the
Torts D.E-:is_on of this Department, and in lieu of considerable
exposure to the City in terms of added litigation, it is recom-
mended that the instant clam:, be settled for the sum of
$1,500.00.
� _ �.
JSLi�TBA;gg