HomeMy WebLinkAboutR-75-0254RESOLUTIoN No. 75-254
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MARY B, CLAY, A WIDOW,
WITHOUT THE ADMISSION OF LIABILITY, THE
SUM OF $7500.00 IN FULL AND COMPLETE
SETTLEMENT OF HER CLAIM AGAINST THE CITY
OF MIAMI FOR ALLEGED PERSONAL INJURIES
SUSTAINED BY MARY B. CLAY, UPON THE EXECU-
TION OF A RELEASE RELEASING THE CITY OF
MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, the Plaintiff, MARY B. CLAY, filed an action
against the City of Miami in Circuit Court of Dade County,
Florida, Number 73-30209, alleging personal injuries due to
a slip and fall on October 29, 1973 at or near South Miami
Avenue at or near 13th Street, in the City of Miami; and
WHEREAS, after considerable negotiation, counsel for the
Plaintiff has agreed to accept the sum of $7500.00 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 MARY B. CLAY the amount of $7500.00 in full and complete
settlement of the above claim;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance be and he is hereby
authorized and directed to pay to MARY B. CLAY, without the
admission of liability, the sum of $7500.00 in full and complete
settlement of her claim against the City of Miami for alleged
personal injuries sustained by her, upon the execution of a Release
releasing the City of Miami from all claims and demands.
PASSED AND ADOPTED this
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N.D,Sn HERB
CITY CLERK
•2 day of
APPROVED AS TO FORM AND CORRECTNESS:
rIARCH
1AURI CE A. FERRE
MAYO R
JOI3N S, LLOYD, City Attorney
ITEM NO.. .n. „
1975.
CITY COMMISSION
MEETING OF
NEAR 121975
R SOLUTION ,,,„. ir.?
I REMARKS:
1
!O
NTER-OFFICF MEMORANOUM
The Honorable Members of
the City Commission
John -S , tloyd
City Attorney
February 26, 1975
Mary B, Clay Vs, City of Miami
Circuit Ct, Case No. 73-30209
(Resolution)
The case which is the subject of this memorandum was filed by
Mary B. Clay, a 64 year old widow. Her claim is for damages
suffered by reason of a fall on October 29, 1973, on an alleged
obstruction on a sidewalk in the City of Miami, at or near
S. Miami Avenue and 13th Street.
As a result of the fall, the claimant suffered a fractured right
wrist. The fracture has never completely healed and her physicians
recommend an operation to alleviate the existing disabling condition.
The area in which the claimant alleges she fell has been examined
and photographed and there were, at the scene, several large cracks
and the stub of what appears to be a support for a sign. Although
the sign would have been the property of and maintained by Dade
County, while in place, it is the City's responsibility to so
maintain sidewalks that they furnish no unreasonable hazard to
pedestrians.
Based on the facts and circumstances of this case, it is apparent
that the decision will be a question of fact which would be de-
cided by a jury. Given the evidence which is available, it is
a reasonable certainty that a jury would find the City liable.
The next question to be determined is the amount of damages. In
addition to the medical bills occasioned by the accident and the
pain and suffering experienced by the claimant, there is evidence
that the injury, due to the effect on the wrist, caused the claim-
ant to be unable to perform the duties of her job prior to the
accident. As a result of the accident which allegedly aggravated
a previously existing arthritic condition and of itself caused
stiffness and pain, greatly inhibited the claimant's ability
to perform her duties as an office nurse, she was impelled to
retire shortly after the accident. The evidence indicates that
she expected to work an additional eight years and was earning
approximately $8,000. a year from her employment as an office
nurse, serving three doctors.
The Honorable Members of
the City Comtnissioh
February 26, 1975
Page 2
The initial settlement offer from claimant's attorneys was in the
amount of $20,000, which has been negotiated down to $7500. The
negotiations terminated a week prior to the time that the case
was set for trial.
In view of the monetary exposure of the City in this case and
in consideration of the saving of additional expenditures required
for depositions, transcripts, the testimony of expert witnesses
and costs, it is my opinion that it is in the best interest of
the City to settle this case for the negotiated amount of $7500.
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