HomeMy WebLinkAboutR-75-0669RESOLUTION NO. 7S469
A RESOLUTION AUTHORIZ/NG THE DIRECTOR OP
FINANCE TO PAY TO EDNA PEARSON, WITHOUT
THE ADMISSION OP L/AtILITY, THE SUM OP
$600.00 IN PULL AND COMPLETE SETTLEMENT
OP HER CLAIM AGAINST THE CITY OP MIAMI
POR ALLEGED PERSONAL INJURIES SUSTAINED
EY HER, UPON THE EXECUT/ON OP A RELEASE
RELEASING THE CITY OP MIAMI FROM ALL CLAIMS
AND DEMANDS.
WHEREAS, the Plaintiff, Edna Pearson, filed an action
against the City of Miami in the Circuit Court of Dade County,
bearing Number 74-3017, alleging that she tripped and fractured
her wrist due to the City's negligence at N. W. 4th Avenue
between 17th and 15th Streets, on February 20, 1973; and
WHEREAS, this litigation at the jury trial before Judge
Satin on June 16, 1975, resulted in a $3500.00 settlement by
the insurance company for the Miami -Dade Water and Sewer Authority
conditioned on the City of Miami contributing $600.00 toward the
settlement of the case;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby author-
ized and directed to pay to EDNA PEARSON, without the admission
of liability, the sum of $600.00 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 17 day of July , 1975.
aurice A. ferre
-1:(( , MAYOR
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ITEM NO )1
H. D. Souther
CITY CLERK
CITY COMMISSI•ON
MEETING OF
JU1. 1 7 1975
liEWVITION
REMARKS:
n"•7
PREPARE!) ANb APP OV1 b 1?
Montague Rosenberg, Aasistafit city AttOt`/
APPROVtb AS TO FORM ANb CORIttC`I'NESS t
CITY or NHA4v1. FLORIDA
INTER -OFFICE MEMORANDUM
TO
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the Honorable Membere
of the City Commi§gion
John S. 1.16Yd#
City ttorney
;
7.1141
,- June 1f
4 flit 4
tdna iron vt CityvAPals
Circuit Court No4 74..1.01/
FILA.
Plaintiff filed a suit against the City of Miami and the
Miami -Dade Water and Sewer Authority and the Department of
Water and Sewers for the City of Miami alleging that on
February 20, 1973 the City negligently failed, sine 1969,
to pave the top course of N.W. 4th Avenue between 17th and
15th Streets, causing Plaintiff to fracture her wrist due
to the City's negligence.
Dr. Beller, the court appointed physician, found that she
had a 2% permanent injury.
Henry Moon, of the Public Works Department, in his deposition,
indicated that if the decision was his he would have recommended
that the pavement be brought up to grade.
The Water and Sewer Authority through its insurance carrier
tendered to the Plaintiff $3500.00 toward settlement of the
cause conditioned on the City of Miami's contributing $600.00
toward settlement of the cause. With the understanding that
such contribution by the City could only be approved with the
concurrence of the City Attorney and the City Commission, Judge
Satin discharged the jury at 2:30 P.M. on June 16th, 1975, with
the announcement to the jury that the parties had resolved their
difficulties.
Both Mr. Robert F. Clark, Assistant City Attorney, and Mr.
Montague Rosenberg, Assistant City Attorney, concur that the
only real exposure in the case was that of the City of Miami,
in view of the fact that the streets were left with numerous
obstructions for a period of three years. They also pointed out
that Mr. Lohmann indicated that the two inch obstruction of the
valve cover over which Plaintiff tripped was actually partially
in the legal crosswalk of abandoned 16th Street.
Based upon the concurring recommendation of Assistant City Attorneys
Robert F. Clark and Montague Rosenberg, who were trying the case
for the City of Miami, I recommend that this cause be settled for
the City of Miami for the sum of $600.00, without admission of
liability.
JSL/MR/fl