HomeMy WebLinkAboutR-75-0739nsOLUTION NO. _75939
A RtSOLUTION AUTHORIZING AND DIRgCT/NO THE
DIRtCTOR OP P/NANCt TO PAY TO JEANETTE T.
WOLFSON AND PHILLIP WOLPSON, HER HUSEAND,
AND THEIR ATTORNEY, RICHARD A. SADOW,
WITHOUT THE •ADMISSION OP LIA8/L/TY, THt SUM
OP $1200.00 IN PULL AND COMPLtTt StTTLtMtNT
OP THg/R CLAIM AGAINST THE CITY OP MIAMI POR
ALLEM) PERSONAL INJURIES SUSTAINtD gY MRS.
WOLPSON, UPON XECUTION OP A RELEASE
?LASING THt CITY OP MIAMI PROM ALL CLAIMS
"SUPPORTIVE Allb 1)-8MANn*
DOCUENTS
FOLLOW WHtRtAS# the Plaintiffs, Jeanette T. Wolfson and Phillip
Wolfson, her husband, filed an action against the City of Miami
in the Circuit Court of Dade County, Florida, bearing Number
75 4988, alleging that Mrs. Wolfson sustained permanent injuries
in a fall in a defective sidewalk between 13th Terrace and 14th
Avenue, in the City of Miami, on March 19, 1974; and
WHEREAS, after extensive litigation, Plaintiffs' attorney
advises that they will accept $1200.00 in full and complete
settlement of all claims against the City of Miami, and the
City Attorney of the City of Miami Law Department recommends
this settlement;
NOW, THEREFORE, BE IT RESOLVED IVII6I6161firkflittn THE
CITY OF MIAMI, FLORIDA: cie3
ITEM NO.
Section 1. That the Director of Finance is hereby author-
ized and directed to pay to JEANETTE T. WOLFSON AND PHILLIP
WOLFSON, HER HUSBAND, AND THEIR ATTORNEY, RICHARD A. SADOW,
without the admission of liability, the sum of $1200.00 in full
and complete settlement of all claims against the City of Miami
for alleged personal injuries sustained by Mrs. Wolfson, upon
the execution of a release releasing the City of Miami from
all claims and demands,
PASSED AND ADOPTED th1P 31 day of JULY , 1975.
ATTEST;
H, D, SOUTH50
ctigy
/
MAURICE A. FERRE
CITY COMMISSION
MEETING OF
JUL 3 1 1975
11001,UTION119,71" Z19
RENARKS;
PREPARED AND APPROVED EY!
Meuitagtle Rosenberg
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
y7
&t/
rin S. Lloyd
ity Attorney
..-. ,.: P 3
7
CI1Y or MIAMI, FLORIDA
INTER.OFFICE MEMORANDUM
The HOnorable Members of
the City COMiti§tioft
John S. Lloy41
itY' ttOr
./.0f July 1S, 1075
Wolf§6n vS. City Of Miami
Circuit Court Nos 75 ..4988
fResolution)
r11..t•
Under date of February 13, 1975, Jeannette T. Wolfson and Phillip
Wolfson, her husband, filed suit in the Circuit Court for per-
manent injuries sustained in a defective crosswalk between 13th
Terrace and 14th Avenue on March 19, 1974. Extensive depositions
of the Plaintiff and her husband reveal that her fall ,as caused
by a substantially deep hole in the crosswalk. The City's investi-
gation bore out the existence of the defect in the crosswalk.
Deponents testified that the existence of the hole indicated that
the condition had existed for a sufficient length of time that the
City should have discovered its existence. Both husband and wife
testified that the wife was still seeking medical attention and
that she was unable, at the time of the June 23, 1975 deposition,
to do the normal pursuits of her regular life.
Under date of July 3, 1974, her treating doctor said: "I am unable
to state exactly how long her subjective complaints will persist."
Upon the recommendation of Assistant City Attorney Montague Rosenberg,
who is conducting the litigation against the City, concurred in and
approved by the Torts Committee consisting of Assistant City Attorney
Robert F. Clark and Legal Investigator, M. Santana, along with Mr.
Rosenberg, I recommend that the cause be settled, without the admis-
sion of liability, for the sum of $1200.00.
JSL/MR/fl
ENCL (Resolution)