HomeMy WebLinkAboutR-75-0119RESOLUTION NO: 5
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO DOROTHY LEVINE AND
JOSEPH LEVINE, HER HUSBAND, WITHOUT THE
ADMISSION OP LIABILITY, THE SUM OF $1800.00
IN FULL AND COMPLETE SETTLEMENT OF THEIR
CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED
PERSONAL INJURIES SUSTAINED BY DOROTHY LEVINE,
UPON THE EXECUTION OF A RELEASE RELEASING THE
CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, the Plaintiffs, Dorothy Levine and Joseph Levine,
filed an action against the City of Miami in Circuit Court of
Dade County, Number 73-20736, alleging injuries to Dorothy
Levine due to stepping into a hole in the pavement 4 to 6
inches deep near the crosswalk on Miami Avenue east from a bus
bench, on or about September 28, 1972; and
WHEREAS, after considerable negotiation, counsel for the
Plaintiffs has agreed to accept the sum of $1800.00 in full
and complete settlement of the case; and
WHEREAS, the City Attorney of the City of Miami has advised
that it is in the best interest of the City of Miami to pay to
DOROTHY LEVINE AND JOSEPH LEVINE, HER HUSBAND, the amount of
$1800.00 in full and complete settlement of the above claim;
NOW, THEREFORE, BE IT RESOLVED BY THE Cl6ttu]T ncv
CITY OF MIAMI, FLORIDA: ITEM NO. 1 I
Section 1. That the Director of Finance be and he is
hereby authorized and directed to pay to DOROTHY LEVINE AND
JOSEPH LEVINE, HER HUSBAND, without the admission of liability,
the sum of $1800.00 in full and complete settlement of their
claim against the City of Miami for alleged personal injuries
sustained by Dorothy Levine, upon the execution of a Release
releasing the City of Miami from all claims and demands.
PASSED AND ADOPTED this 12 day of FEBRUARY , 1975.
CI''f
ri NG (fir.
FEE 1 2 1975
RELI AKS.
ATTEST:
11, D. SOUTHERN
MAURT CE . A, FERRE
MAYOR
CITY CLERK
PREPARED AND APPROVED BY:
Montague Rosenberg, Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
John S. Lloyd, City Attorney
2
TO
The Honorable Members
of the City Commission
John S. Lloyd,
City Attorney
J
7," r-Low-I:,
N TER -OFF IC E. MEMORANDUM
February 3, 1975
Dorothy Levine and Joseph Levine
vs, City of Miami
Circuit Court No. 13='20736
(Resolution)
The Plaintiffs, Dorothy Levine and Joseph Levine, her husband,
filed suit for personal injuries that occurred on September 12,
1973, when Plaintiff, Dorothy Levine, stepped into a hole in the
pavement which the City's investigator describes as "large crack
2 inches to 6 inches wide and about 3 inches deep" and located
1 foot and 8 inches from the West curb of Miami Avenue.
The location of the fall was near the crosswalk on Miami Avenue
east from a bus bench.
The Plaintiff had medical treatment for fractures of bone of her
foot which disabled her continuously from working for six weeks,
for which her wage loss was approximately $600.00. She sustained
medical expenses of $340.00.
Dorothy Levine's claim is for permanent injuries leaving her with
permanent back injuries and pain from the fractures in her foot.
Joseph Levine's claim is for loss of consortium, including the
society, comfort and aid of his wife.
As a result of her injuries, the Plaintiff wife has sustained permanent
injuries.
After considerable negotiation, counsel for the Plaintiff has agreed
to accept the sum of $1800.00 in full and complete settlement of the
case.
Upon the recommendation of Assistant City Attorney, Montague Rosenberg,
concurred in by the Torts Committee of the Law Department, I recommend
this cause be settled for the sum of $1800.00 in full and complete
settlement of the case.
JSL/MR/fl
ENCL(Resolution)
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