HomeMy WebLinkAboutR-76-0836Ptist/to
9/14/76
RESOLUTION NO.
76,836
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY IDA M. CAMBERT AND RENE CAMBERT,
HER HUSBAND, AND THEIR ATTORNEYS, MAMBER, GOPMAN,
EPSTEIN AND FOOSANER, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $3,300.00 IN FULL AND
COMPLETE SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS AND AUTO-
MOBILE COLLISION DEDUCTIBLE CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, UPON THE EXECUTION
OF A RELEASE, RELEASING TIIE CITY OF MIAMI,
FROM ALL CLAIMS AND DEMANDS, AND TO PAY TO
GOVERNMENT EMPLOYEES INSURANCE COMPANY WITHOUT
THE ADMISSION OF LIABILITY, THE SUM OF $620.67
IN FULL AND COMPLETE SETTLEMENT OF THEIR
COLLISION SUBROGATION CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, UPON THE EXECUTION
OF A RELEASE, RELEASING THE CITY OF MIAMI FROM
ALL CLAIMS AND DEMANDS.
ITEM I'O.
WHEREAS, Ida M. Cambert and Rene Cambert, her husband,
„DOCUMI.�?T INDEX
iF
through their Attorneys, Mamber, Gopman, Epstein and Foosaner,
filed a claim against the City of Miami for the alleged bodily
injury, personal injury protection liens, and automobile collision
deductible claims and government employees' insurance company
filed a claim against the City of Miami for an alleged collision
subrogation claim, resulting from an accident, involving a City
owned vehicle on March 16, 1976, at or near the intersection of
N.W. 7th Street and N.W. 23rd Avenue, Miami, Florida; and
WHEREAS, the above claim has been investigated by the
Torts Division of the City Attorney's office in accordance with
Ordinance 8417, which creates the City of Miami's Self -Insurance
Program, and said Office recommends that these claims be settled
for the sum of $3,300.00 and $620.67 respectively;
NOW, TIHEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
7 ' — '. 3 6
Section 1. That the Director of Finance is hereby
authorized to pay to Ida M. Cambert and Rene Cambert and their
Attorneys, Mamber, Gopman, Epstein and Foosaner, without the
admission of liability, the sum of $3,300.00 in full and complete
settlement of all bodily injury, personal injury protection liens,
and automobile collision deductible claims and demands against
the City of Miami, upon the execution of a Release, releasing
the City of Miami from all bodily injury, personal injury,
personal injury protection liens and automobile collision
deductible claims and demands.
Section 2. That the Director of Finance is hereby
authorized to pay to Government Employees' Insurance Company,
without the admission of liability, the sum of $620.67 in full
and complete settlement of their collision subrogation claims
and demands against the City of Miami, upon the execution of a
release, releasing the City of Miami from all collision subrogation
claims and demands.
23rd September
PASSED AND ADOPTED this day of
1976.
MAURICE A FERRE
Attest:
PREPARED AND APPROVED BY:
Jose B. Alvarez
Director, Torts Division
Law Department
APPROVED AS T() FORM AND CORRECTNESS:
wNt
MAYOR
RALPH G. ONGIE
City Clerk
Frank H. WL-st0,(
Act inj City i:t 1_ul uoy
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
To:
Honorable Members of the City
Commission
<9,-irk wi.kk ii-- ul 1\07eir‘
FROM:
Frank H. Weston
Acting City Attorney
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
Sept.. 7, 1976
FILE: V 76-609
Settlement of Bodily Injury,
Personal Injury Protection Liei
Automobile Collision Deductible
claim of Ida N1. Cambert and
Rene Cambert, in settlement of
collision subrogation claim of
Government Employees Insurance
Ida M. Cambert has filed a claim. against the City of:: Miami through
her Attorneys, Mamber, Gopm.an, Epstein and Poosaner, involving
bodily injury, personal injury protection lien, and the automobile
collision. deductible,, resulting from an aceident involving a City
Police vehicle.
In addition, there is a collision subrogation claim: being pursued
by Government Employees' Insurance Company.
This accident occurred on March 16, 1976, at about: 7:00 P.M. at or
near N.W. 7th Street and N.W. 23rd Avenue; Miami, Florida.
The claimant unit was westbound on N.W. 7th Street in the right
traffic lane, as the City Police vehicle which had been eastbound,
was in process of making a lett turn. This turn was being attempted
at the intersection with N.W. 23rd Avenue. Traffic in the left west-
bound thru lane was stopped and the first operator waved the Police
vehicle thru in front of his lane. The claimant vehicle was approach-
ing at approximately 30 )Piles per. hour, which is not excess, while
the Police vehicle was moving at approximately five miles per hour.
The front end of the claimant vehicle made contact with the front
end of the City vehicle.
The total medical expense as concerned Ida M. Cambert is $824.00
with lost time and wage verified at $164.75. Total special damages
as concerns the injury portion of the claim are $988.75.
The claimant also paid a $100.00 deductible towards repair of the
collision damage.
This particular portion of the claim can be settled for $3,300.00.
In addition, there is a collision subrogation claim for the balance
of the collision damage in the amount. of $620.67, being pursued by
"SUPPORTIVE
DOCUMENTS
FOLLOW" 3S
!'cb: Honorable Members of the
City Commission
2 ._
Sept 7, 1976
Government Employees' Insurance Company.
The above claim has beer, investigated by the Torts Division of the
City Attorney's office, and in accordance with Ordinance No. 8417,
which creates the City of Miami Self -Insurance Program, and said
office recommends that the said claims be settled for $3,300.00
and $620.67 respectively.
PW : ro