HomeMy WebLinkAboutR-76-0923S/bbb
1/ 5/76
MUTTON
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO RAY LOPEZ AND KATHRYN
'LOPEZ, HIS WIFE, WITHOUT THE ADMISSION`?
OF LIABILITY, THE SUM OF S500.00 IN FULL
AND COMPLETE SETTLEMENT OF THEIR CLAIM
AGAINST THE CITY OF MIAMI FOR ALLEGED
PERSONAL INJURIES SUFFERED ON FEBRUARY 23,
1971, WHEN KATHRYN LOPEZ ALLFCEDLY TRIPPED
AND FELL ON A PART OF THE SIDEWALK LOCATED
AT S.E. 8th STRFET BETWEEN SOUTH BAYSHORE
DRIVE AND BRICKELL AVENUE, MIAMI, FLORIDA,
UPON THE EXECUTION OF A RELEASE RELEASING
THE CITY OF MIAMI FROM ALL CLAIMS AND
DEMANDS.
WHEREAS. the Plaintiffs, RAY LOPEZ and KATHRYN LOPEZ,
his wife, filed an action against the City of Miami in the Circuit
Court of Dade County bearing No, 72-1806, claiming personal injuries
suffered by KATHRYN LOPEZ on February 23, 1971, when she tripped
and fell on a part of the sidewalk that was uneven and/or higher
than the rest of the said sidewalk, located at or near S.F. 8th
Street between South Bayshore Drive and Brickell Avenue, Miami,
Florida; and
WHEREAS, the investigation of this claim and the pre-
rial discovery were conducted by the office of the City Attorney
and said office recommends that this claim be settled for the
sum of S 5 0 0.0 0; "DOCUMENT If
DEX
ITEM NO. f
NOW, THEREFORE, BF IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to RAY LOPEZ. and KATHRYN LOPEZ, his wife,
without the admission of liability, the sum of S500.00 in full
and complete settlement of their claim against the City of
.'SUPPORTIVE
DLL 1`4 1. Nz S
FOLLaVir
CITY COMMISSION
MEETING OF
OCT 1 4 1976
R£SOtU1ON HQ.,;.,(,'„ ; -1 >
REMARKS :......................
t'et fot alleged personal injuries suffered by KATHRYN:
ti Vebruary 23, 1971, when she tripped and fell on a part of the
sidewalk that was uneven and/or higher than the rest of the said
sidewalk, located at or near S.F. 8th Street, between South Bay-
shore Drive and Brickell Avenue, Miami, Florida; and for medical
and hospital expense incurred by RAY LOPEZ as a result of the
said accident suffered by KATHRYN LOPEZ, upon the execution of
a release releasing the City of Miami from all claims and demands,
PASSED AND ADOPTED this 14TH day of OCTOBER
1976,
(99
CITY CLERK
MAURICE A. FERRE
MAYOR
PREPARED AND APPROVED BY:
EUGENF . STEINFFLD
Ass'.tant City Attorney %
APPROVED AS TO FORM AND CORRECTNESS:
PORTIVE
-sty it ;.:-,%,17fS
' I•4 (.1:0 t' 7.17: - - -
, • •
•
tj Cotmle.siOn
frank H. Weston
Acting City Attorney
• . • • F
arlitOOtt Arid kttht1 A..4:0t,'
ijsva-fe, V. Citv
#72-1806
Mt. Raymosld Lopez and his wife, Xathryt Lopez, filed an action
against the City of Miami in the ',-,rcuit Court of Dade County,
being NO. 72-1306, claining personal injuries suffered by Kachryt.
Lopez on February 23, 1971, when she tripped and fell on a part of
the sidewalk that was uneven and/or higher than the rest of the
sidewalk, located at or near S.E. 8th Street between South Bayshote
Drive nd Brickell Avenue, Miami, Florida, and medical and hospital
expenso incurred by Ray Lopez as a result of the said accident
Suffered by Kathryn Lopez.
Plaintiff Kathre'n Lopez was taken to Mercy Hospital where she
received e:7,,ency treatment, including 13 x-rays. She claims she
suffered a encussion and could not focus her eyes for at least a
month, S.}, further claims injury to the left knee and that she
still can' kneel on the knee. Mrs. Lopez claims that she sill
Suffers from headacbes and has difficulty focusing. Wife -plaintiff
was home from work for approximately one week and under active medical.
care for approximately six weeks.
Special damages consist of a radiology bill of $31.00, a medical
bill of S25.00, and a bill from Medical Associates for $12.00, for
a total of $68.00.
-After considerable pre-trial activity, the cause was set to be
tried on August 18, 1975. Upon stipulation and order, the case
was continued. Up to this point this case was handled by Montague
Rosenberg of this office.
On August 16, 1976, Defendant filed its Motion to Dismiss for Lack
of Prosecution and set the same down for hearing on August 19, 1976.
Harold Cease, Esquire, attorney for plaintiffs, made an criginal
demand of $3,000 to $4,000. After extensive negotiations he finally
agreed to accept the sum of $50.00 in full and complete settlement
of this case. Based upon the advice of Eugene M. Steinfeld, Assistant
,
City An7orney, Torts Division, and in lieu of considerable exposure
to the Cite in terms of further litiFation, it is recz.,mmended that
..the instant claim he settled for the sum of $500.00. Fending such
eHsettlement ne-i!otiations, the hearing scheduled for Auust 19, 1976,
lwas continued.
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