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HomeMy WebLinkAboutR-76-1144RESOLUTION NO• 764144 RESOLUTION AUTHORIZING THE DIRECTOR OF `MNANCE TO PAY ALEJANDRO RIZO AND HIS ATTORNEYS, LAMAR, ARANGO & LAMAR, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $3,964.52 IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS, AND TO PAY ADMI6SIONTRAVELERS LIABILITINSURANCE COMPANY, WITHOUT THE THE SUM OF $735.48 IN FULL AND COMPLETE SETTLEMENT OF THEIR WORKMEN'S COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPOTiiETHE CITYEXECUTION MIAMIFFROMRELEASE, RELEASING ALL CLAIMS AND DEMANDS. s ;v Gila, l �i S FOLLOW" WHEREAS, Alejandro Rizo, through his Attorneys, Lamar, Arango and Lamar, filed a claim against the City of Miami for the alleged bodily injury and Travelers Insurance Company filed a claim against the City of Miami for the alleged Workmen's Compensation subrogation lien, resulting from an accident involving a City -owned vehicle on October 16, 1975, at or near the intersection of southwest 24th Avenue and "DOCUMENT 'v southwest 17th'*,D EX Alley, Miami, Florida; and if 1TE� N0. 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 $3,964.54 and $735.48 respectively; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OV THE CITY OF MIAMI, FLORIDA; Section 1. That the Director of Finance is hereby to Alej andro RiZo and his Attorneys, Lamar _ Qed to pay CITY COMMISSION j MEETING OF DEC t661976 RESOLUTION NO/'" //�� REMARKS: Mgt and Lamar, without the admission of liability, the 8UM f $3,964.52 in full and complete settlement of all bodily injury claims and demands against the City of Miami, and upon the execution of a release, releasing the City of Miami from all bodily injury claims and demands. Section 2. That the Director of Finance is hereby [authorized to pay to Travelers Insurance Company, without the admission of liability, the sum of $735.48 in full and complete Settlement of their Workmen's Compensation subrogation lien, claims and demands against the City of Miami, and upon execution of a release, releasing the City of Miami from all Workmen's Compensation subrogation liens, claims and demands. PASSED AND ADOPTED this 97 6 PREPARED AND APPROVED BY: Jose B. Alvarez Deputy City Attorney Law Department 16TH day of DECEMBER App ; AS TO FORM AND CORRECTNESS: eorge F. K City Attor MAURICE A. FFPRF MAYOR City Clerk ci E-3 ttist "!. r INTEF-Or:FICE M-1:i!OFIA:CDL11.1 ••;/ ykal H6ftorable Members of the City Commission • • i bedetber 7# 1976 "-t V 75-543 guiLlcdt Settlement of bodily injury, and tlotkmen's Compensation • h, lien concerning claim of orge Knox, Jrf I Alejandro Rizo. City Atg.rney 0.1t.-Lc5LAts: Alejandro Rizo has filed a claim against the City of Miami through his Attorneys, Lamar, Arango & Lamar, P.A., concerning a bodily injury claim, as well as the Workmen's Compensation lien developing from an accident involving a City of Miami POlice vehicle. The Workmen's Compensation lien is being pursued by the Travelers Insurance Company. This accident occurred on October 16, 1975 at 2:15 P.M., at or -near southwest 24th Avenue and southwest 17th Alley, Miami, - Florida. This accident occurred as the Police vehicle was eastbound on 17th Alley, proceeding at a high rate of speed on approach to the intersection with southwest 24th Avenue, which is afforded a yield sign for the direction of the Police vehicle. Claimant unit, a van normally used to haul small children to and from classes, was fortunatelv occupied only by the claimant operator, Alejandro Rizo. The Police vehicle was being operated with blue lights and siren functioning. The Police vehicle was in process of going to a breaking and entry with a backup unit. The van had edged out from the corner when the Police vehicle was approximately two car lengths from the intersection. Previous to impact, the Police vehicle had left so 95 feet of skid marks, which would indicate it never could have stope6 or given a proper yield at the intersection. The siren anj blue lights are only a method of requesting the right-of-w'ay in a courteowl manner. The front end of the Police unit rt,:v:I.e contact with the right. reardoer and quarter panel of the van, spinning the van around' "SUPPORTIVE DOC:Li i'vIEN TS FOLLOW" ROftbtable Members Of the dity Commission acid sending it to a final resting place on the southeast corner of the intersection. The impact Was enough to break the body Of the van loose from the frame. The property damage involved and the skid narks would indicate a Speed of approximately 65 to 75 miles per hour, as far as the Police vehicle is concerned. The greater degree of liability lies against the Police Officer and we therefore recommend a reasonable settlement. The total medical expense as concerned with Alejandro Rizo is in the amount of $1,575.45. There is veri=ied lost time and gage of $48.46, which give a grand total of $1,623.91. The bodily injury claim can be settled for $3,964.52, and an additional. $735.46 payable to Travelers Insurance Company to cover the Workmen's Compensation lien. The grand total for this portion of the claim, which will conclude our activity is $4,700. The above claim has been investigated by the torts division of the City Attorney's office, and in accordance with Ordinance No.8417 which creates the City of :•.iarni Self -Insurance Program, and said office recommends that the said claims be settled for the above -mentioned $3,964.52 and $735.48 respectively.