HomeMy WebLinkAboutR-75-0740"SSUPPORTIVE
DOCUMENT S
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RESOLUTION NO. 75-740
A RESOLUT/ON AUTHORI2ING AND DIRECTING
THE D/RECTOR OP PINANCE TO PAY TO CAROLE
LINDSEY AND HER ATTORNEY, JOSEPH T.
WOODWARD, WITHOUT THE ADMISSION OP LIA-
BILITY' THE SUM OP $1200 IN PULL ANb
COMPLETE SETTLEMENT OP HER CLAIM AGAINST
THE CITY oP MIAMI POR ALLEGED PERSONAL
INjURIES SUSTAINED EY HER, UPON THE EXE-
CUTION OP A RELEASE RELEAS/NG THE CITY
OP MIAMI PROM ALL CLAIMS AND DEMANDS.
WHEREAS, the Plaintiff, CAROLE LINDSEY, filed an action
against the city of Miami in the Circuit Court of Dade CoUnty,
bearing Number 74-17713, alleging that she fell on her head
on November 19, 1973 while operating her bicycle on South
Bayshore Drive where it intersects with S.W. 27th Avenue,
alleging that her injuries were caused by a fall in a deep hole
in the pavement concealed by water; and
WHEREAS, after extensive litigation, Plaintiff's attorney
.
CYCL4R CITY CQMM1S
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A.ARIVP. MIR ISOIMMIllro
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SKIN
MEETING Of
JUL 31 1975
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advises that she will accept $2,000 in full and complete settle-
ment of all claims, and the party defendant in this cause, Marks
Brothers, will contribute $800 towards the settlement; COMMISSI
NOW, THEREFORE, BE IT RESOLVED BY THE nm r RT II(
CITY OF MIAMI, FLORIDA: "DOCUMEN
Section 1. That the Director of Finance is her y author -
ITEM NO.
author-
ized and directed to pay to CAROLE LINDSEY, AND HER ATTORNEY,
JOSEPH T. WOODWARD, without the admission of liability, the sum
of $1200.00 in full and complete settlement of her claim against
the City of Miami for alleged personal injuries sustained by her,
V upon the execution of a release releasing the City of Miami from
all claims and demands.
PASSED AND ADOPTED this 31 day of JULY 1975,
MAURICE Al FERRE
ATTEST; MYOR
HLI, SOUTHERN
PREPARED AND PROVED BY:
Mo tague Rog erg
Ass'stant Cit Attorney
APPROVED AS TO FORM AND CORRECTNESS:
ohn S. Lloyd
'City Attorney
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CITY OF MIAMI, FLORIDA
1NTER-OFFICE MEMORANDUM
TO
The HOnbrable Metbera Of
the City Commission
John Lloyd,
it ttorn
E July 151 1975
ri
Lindsey vt. City of Miami
qkroutt COUrt Nb 74=17711
' - (Resolution)
Under date of June 21, 1974, the Plaintiff, Carole Lindsey,
filed suit against the City of Miami for her fall on her head
on November 19, 1973 while operating her bicycle on South
tayshore Drive where it intersects With S. W. 27th Avenue in
Miami, alleging that her injuries were caused by a fall in a
deep hole in the pavement concealed by water.
After extensive litigation, the City joined as a party defendant
Marks Brothers, who was doing paving work on expanded South Bay -
shore Drive. The City's excess carrier, Midland Insurance Company,
had demanded that the City settle the case for $2,000. The cause
was set for trial for August llth, 1975, and at a recent Courthouse
conference, Mark Brothers, through its attorney, agreed to contri-
bute $800 toward a $2,000 settlement provided the City contributed
$1200.00.
The Plaintiff's special damages were $773.45 and her doctor, in
his medical reports, indicated that he felt she had a permanent
injury. Due to the obvious exposure of the City, Assistant City
Attorney Montague Rosenberg, who conducted the litigation, has
recommended the settlement of $1200, which has been concurred in
by Robert F. Clark, Assistant City Attorney, and M. Santana, Legal
Investigator, along with Mr. Rosenberg comprising the Torts Com-
mittee of the City of Miami Law Department.
Upon the recommendation of the above, I recommend that the City of
Miami settle this cause by the payment of $1200.00 to Carole Lindsey
and her attorney, without the admission of liability.
JSL/MR/fl
ENCL.(Resolution)