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HomeMy WebLinkAboutR-76-1000ESOUY MbN No . 6-100 „...,..y. A RESOLUTION AUTHORIZING THE DIRECTOR OE FINANCE TO PAY TO DOLLY LEVERSON, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $2,000.00 IN FULL AND COMPLETE SETTLEMENT OE HER CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES SUFFERED ON MARCH 22, 1974, WHEN SHE FELL IN AN ALLEGEDLY OPEN MANHOLE AT THE INTERSECTION OF NORTHWEST 7th STREET AND 5th AVENUE, MIAMI. FLORIDA, «SU11,TENTHE ING CITY OFEMIAMI NFROM OF AALL LCLAIMS EASE FAND SDEMANDS. 1- L s_O W„ WHEREAS, the Plaintiff, DOLLY LEVERSON, filed an action against the City of Miami in the Circuit Court of Dade County, bearing No. 75-8631, claiming personal injuries suffered on March 22,1974, when she fell in an allegedly open manhole at the intersection of Northwest 7th Street and 5th Avenue, Miami, Florida; and WHEREAS, the investigation of this case and the pre- trial discovery were conducted by the office of the City Attorney and the case was partially tried before Honorable Milton A. Friedman, commencing, October 13, 1976;and WHEREAS, after discussion between counsel for plaintiff and counsel for defendant, it was recommended that the case be settled for the sum of $2,000.00. ITEM N0. / ,, NOW, THEREFORE, BE IT RESOLVED BY THE COMMIS ION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the Director of Finance is hereby authorized and directed to pay to DOLLY LEVERSON, without the admission of liability, the som of $2,000.00 in full and complete settlement of her claim against the City of Miami for alleged CITY COMMISSION MEETING OF NOV t 1 1976 7 RE$OLUTsoM so..,:.�......e.:.:... REMARKS: rsonal injuries suffered on March 72, 1974, when she fell in an allegedly open manhole at the intersection of Northwest 7th Street and 5th Avenue, Miami, Florida, upon the executiofi of a release releasing the City of Miami from all claims and demands. PASSED AND ADOPTED this 11 day o CL PREPARED AND APPROVED BY: EUG M.E N ¢ems,istant City Atto NOVEMBER MAURICE A• FERRE 'MAYOR APPROVED AS TO FORM AND CORRECTNESS: GEORGE F . OX, City Attor ��1• y I" PO R i t\/ 4 :� t tbo•• Nctmbret�s of l.tty Commissizatt otge ity At tkh ney i'it+ tit of Claim DOLL'' I,CVtRSON v, CITY OF 1�1AMI, Circuit Court Case N. 75-8631 holly Leverson filed an action against the City of Miami tho Circuit Court of Dade County, bearing NO. 75-8631, claiming personal injuries suffered on or about. March 22, 1974, when she allegedly fell into a manhole at the intersection of Northwest 7th Street and 5tlt Avenue, Miami, and sustained personal. injuries, The investigation of this case and the pre-trial discovery were conducted by the office of the City Attorney. Such investigation broughtt forth two witnesses in favor of the plaintiff and two wit- nesses in favor of t:hc defendant. Plaintiff allege:; that. the City of Miami allowed and per:.ittecl a manhole cover to remain off the lr,:inhul c, failed to place or display any warning signs to pcdcsirinas in the area with regard to the absence of the nanlrolc cover in the street, and failed to reasonably inspect: said street and manhole cover, as a result of which Plaintiff fell into the manhole and sustaieed personal injuries. Plaintiff's injuries included low back pain and pain in the right thigh. She received treatment from Dr. Gerald C. Ross, Dr. Ir.a Hershman and various other doctors, and also from Westchester General llospital and Jackson Memorial Hospital. The case proceeded to trial on October 13, 1976. A jury was picked, opening argument made, and all of Plaintiff's case was put on except- for one character witness. The City's physician testified. At this point Judge Friedman called counsel together and recommended that the case he settled for the suiu of $2, 000. 00. The Plaintiff had proven approximately $3,700.00 in damages tap to the point of suggested settlement. Plaintiff's original request for settlement was $12,000.00. After discussion between counsel and Judge Friedman, Plaintiff :.agreed to accept the sum of $2 , 000. 00 in full settlement. Based upon the recommendation of Mr. Ste.i_nfcld, Torts Division, it is recommended that the instant claim be settled for $2,000.00.