HomeMy WebLinkAboutR-76-1145EMg 1 bl b
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RESOLUTION NO. 76-1145
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO MORTON FROMBERG,
WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF $17,500.00, IN FULL AND
COMPLETE SETTLEMENT OF HIS CLAIM AGAINST
THE CITY OF MIAMI FOR ALLEGED PERSONAL
HE
INJURIES SUFFERED ON JUNE 9, 1973,
FELL ON A BROKEN AND DEFECTIVE PUBLIC
SIDEWALK ON THE CORNER OF NORTHWEST
SECOND STREET AND EIGHTH AVENUE, MIAMI,
FLORIDA,
UPON
THE CITYEXECUTION
MIAMI OFRELEASE
RELEASINGFROM ALL
""'� E CLAIMS AND DEMANDS.
ray.
) V,'`, 1
Jr\ r.: i‘kT S
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against the City of Miami in the Circuit Court of Dade County,
Florida, bearing No. 74-5033, claiming personal injuries suffered
on June 9, 1973, when he fell on an allegedly broken and defective
sidewalk on Northwest Second Street and Eighth 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
said office recommends that this claim be settled for the sum of
$17,500.00;
NOW, THEREFORE, BE IT RESOLVED BY T JE COMMISSI N OF
THE
INDEX
CITY OF MIAMI, FLORIDA: ITEM N 0 .
1. That the Director of Finance is hereby authorize
and directed to pay to MORTON FROMBERG, without the admission of
liability, the sum of $17,500.00 in full and complete settlement
of his claim against the City of Miami for alleged personal injuries
suffered on June 9, 1973, when he fell on an allegedly broken and
defective public sidewalk at Northwest Second Street and Eighth
Avenue, Miami, Florida, upon the execution of a release releasing
the City of Miami from all claims and demands.
WHEREAS, the Plaintiff, MORTON FROMBERG, filed an action
CITY COMMISSION
MEETING OF
DEC 1 6//t97C
*E$ UTgh tof0..'"
RFMRMKS . ...
Attest:
A A OETED Chit 16114_ temme
_MAUR t CE A. F RRR_ __.<
AYOR
el
C
PREPARED AND APPROVED BY:
JOS ALVAREZ
Deputy City Attorney L
APPPDVED AS TO FORM AND CORRECTNESS:
G ORGE F. K I X, J
City Attorne
CITY of MIAMI. FLORIOA
INT R.OPTICE MEMbRANbUM
HONORABLE MEMBERS OF THE
CITY COMMISSION
OE RGE F. KNOX, JR.
City Attorney
b fl November 24, 1976 v,ir : 1, 44421
Settlement of Claim
SUOJtcT
•
MORTON FROMBERG v.
CITY OF MIAMI
Circuit Court j'74=5033
Mr. Morton Fromberg filed an action against 74the
5e33City
lof Miamiei in the
nal
Circuit Court of Dade County,rlhen he fell on an allegedly
injuries suffered on June 9, 1973,w
broken and defective public sidewalk at Northwest Second Street and
Eighth Avenue, Miami. Florida.
The investigation of this aean�rLUrnpeye-tSuch invesl tigation
revealed very were
con-
ducted by the office of theCityir
revealed that such curb existed icaccotditiothofcdiner srepaiagford
a period of over two months. The co
crumbled towards the street, with an additional crack from said
corner towards the west flag. The broken-out
oused c iosthad act" wide
by 1" deep exposed area Located at
way
The claimant claims that iadthe
fe111ly on themorning
aboveodescribledon Sdefect�
his employment he tripped n
causing him to break his toe and severely shatter the bones in his
elbow and arm. He was hospitalized for approximately six weeks for
the injuries he alleged in this accident and omsas.dsubsequently
upsequentlyysicianshtreated
by numerous physicians. Upon dischargef
given a permanent disability rating of40%°c of the
arm and 207 of the
body as a whole, based upon the alleged
ident.
Claimant's medical charges to date total $2,283.00, with the probability
of futui e surgery amounting to app, ,.ximat.ely $2 , 000.00 , according to
the claimant's physicians.
based upon the claimant's past IRS records
Lost wages claimed to date, are approximately $3,000.00 to date. Thus, special and outstanding
damages total $7,283.00.
The original demand of the claimant's attorney was $30,000.00.
After litigation has proceeded for aconsirableapercceiodttof f timeoand
after negotiations, claimant's counsel
gded to
$17,500.00 in settlement.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
ONORAIAL"B MEMIS O r
CITY COMMISSION
MIAMI
RpisUre to the city because of the physical injuries and permanent
impairment is well in excess of the proposed settlement.
"Based upon the recommendation of Mr. Jose B. Alvarez, Deputy City
Attorney, it is recommended that the instant claim be settled
for $17,500.00.
G /JBA/bbb