HomeMy WebLinkAboutR-76-0747EMS:gg
6/30/76
"SU?PCPTIVE
FOLLOW'
RESOLUTION No. 76-747
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO LOUISE WILSON,
WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF 82,500.00 IN FULL AND COM-
PLETE SETTLEMENT OF HER CLAIM AGAINST
THE CITY OF MIAMI FOR PERSONAL INJURIES
SUFFERED ON THE NIGHT OF JANUARY 28,
1974, WHEN SHE FELL ON AN ALLEGEDLY
DEFECTIVE PUBLIC SIDEhWALK AT OR NEAR
THE INTERSECTION OF FLAGLER STREET AND
N. E. FIRST AVENUE, MIAMI, FLORIDA, UPON
THE EXECUTION OF A RELEASE RELEASING THE
CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, the plaintiff LOUISE WILSON filed an action
against the City of Miami in the Circuit Court of Dade County
bearing No. 75-1865, claiming personal injuries suffered on the
night of January 28, 1974, when she fell on an allegedly defective
public sidewalk at or near the intersection of Flagler Street and
N. E. First Avenue, Miami, Florida; and
WHEREAS, the investigation of this claim and the pre-
trial discovery were conducted by the office of the City Attorney
and the City Attorney recommends a settlement of this claim in
the sum of $2,500.00 as in the best interest of the City;
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 LOUISE WILSON, without the admission of
lability, the sum of $2,500.00 in full and complete settlement
of her claim against the City of Miami for personal injuries
suffered on the night of January 28, 1974, when she fell on an
allegedly defective public sidewalk at or near the intersection
of Flagler Street and N. E. First Avenue, Miami, Florida, upon
"DOCUMENT INDEX
ITEM NO
CITY COMMISSrON
MEETING OF'
JUL 221976
mow nnoN M
REMARKS:
Louise Wilson Resolution
6/30/76
the execution of a release releasing the City of Miatni from all
claims and demands.
PASSED AND ADOPTED this 22 day of .JULY
1976.
i
H, D , SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:
; 7 i
t G M ._STEINFELD ; r
Assistant City Attofney
APPROVED AS TO FORM AND CORRECTNESS:
FRANK H. WESTON
Acting City Attorney
MAURICE A, FERRE
MAY 0 R
EISV F )!-1,- r • ' 1
`. �� ,
CM' sr
INTER-Oe: - 1 . - m t.10RA.. NI ; i`.S
Honorable Members of
the City Commission
.dune 30, 1976 L-75-014
Settlement of lawsuit
fir
Frank H. Weston
Acting City Attorney
Louise Wilson vs. Dade
Federal, etc., et al.
Ms. Louise Wilson filed an action against the City of Miami in
the Circuit Court of Dade County bearing No. 75-1865, claiming
personal injury suffered on the night of January 28, 1974,
when she fell on an allegedly defective public sidewalk at or
near the intersection of Flagler Street and N. E. First Avenue,
Miami, Florida.
Dade Federal Savings and Loan Association of Miami and its
insurance carrier, Fidelity and Deposit Co. of Maryland, were
named co-defendants in this lawsuit in view of Dade Federal's
ownership of t.hebuilding adjacent to the accident scene. Because
of the State of Florida law and its hearing on our municipal code,
Dade Federal was able to gain a summary judgment against the
plaintiff and was dismissed as to the plaintiff; however, the
City rejoined them in a third party lawsuit.
Plaintiff Louise Wilson's injury was diagnosed as fracture of
the knee cap, the patella bone, involving the inner surface of
the joint (of the knee cap) which resulted in slight abnormality
in the healing, so that there was residual irregularity of the
joint surface. Her treating orthopedic specialist gave her a
rate of 157 permanent partial disability of the right leg.
Ms. Wilson further claimed loss of earnings of approximately
$1,500 to $3,000, and possible future impairment of her working
ability.
After considerable pre-trial activity, the cause was set to be
tried on July 6, 1976. Prior to trial, however, the parties
engaged in negotiations in an effort to reach a satisfactory
settlement of the case. Plaintiff's original demand was for
$30,000.
During these proceedings, plaintiff's motion for summary judgment
against the City of Miami as to liability of the sidewalk in
"S.lUP,PORTI`JE
00CUMENTS.
OLLOW
To: City Commission
From: Frank H. Weston
Re: Settlement of Wilson laWstiit
6/30/76
question was defeated and also a motion for summary judgment
by Dade Federal and its carrier. Plaintiff's attorney then
agreed to accept the sum of $2,500 from the City in full and
complete settlement of this case, and an equal sum from Dade
Federal and carrier.
Based upon the advice of Mr. Eugene Steinfeld, Assistant City
Attorney attached to the Torts Division of the Law Department,
and in lieu of considerable further exposure to the City of
Miami in terms of added litigation, it is recommended that
the City disburse the amount of S2,000.00 towards settlement
of the instant claim.
Enc.
FHW :EMS : gg
CONCUR:
JOSE B. ALVAREZ, Director
Torts Division
Law Department
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