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HomeMy WebLinkAboutR-75-10381 t'W/ro 10/24/75 RFSOT tt'i'TON NO. i�i-�'.'33 A RESOLUTION SOLUTION A1tTIIO1?t' tNG THE DIRECTOR Or FINANCE TO PAY TO JOSE A. EERN\Ntl 7, OUT THE ADMISSION or IIAPTLITY, J SUM UP TO S>, 000. 00, IN min.. AND COMP1 I.T1 S1;TTI E- MF,NT OF ATI, CLAIMS AND DEMANDS AGAINST TIIF CITY or 7•1TAMT, UPON TJI} EXECUTION or A RET.I'.ASL , r1;T F;Tt StN( THE ("ITV OF MIAMI FROM AT I CIATMS ANT) DEMANDS. i:'1I1:P1 S, ,Jose A. I"ernancle, filed a claim against the City of Miami for alleged personal in)ury, resulting from an automobile accident on A,;Crt,.:t 1U, 1`+:5, at or near 'tiT.? . 4'th Street and N. • 1 >th Court, Miarc i, Florida? and WI11:RF;AF, the above claim has I)een investigated by the Torts Division of the City Attorney's office in accordance with Ordinance No. H417, wl'ici, creates the City ,f Miami Self Insurance Program, and said office recommends that this claim be settled for a sum up to :-7':5,000.O0; NOW, THEREFORE, BF IT RESOIVED BY THE C©VION OF T INDEX THE CITY OF MIAMI, FLORIDA: ITEM !! Section 1. Mat the Director. of Finance is hereby authorized to pay to Jose A. Fernandez, without the admission of liability, a sum up to $5,O00.00 in full and complete settle- ment of all clairs and demands against the City of Miami, upon the execution of a Release, releasing the City of Miami from all claims and demands. "SUPPORTIVE DOCU ENTS FCLLOW" r PASSED AND A PTED this 1975. PREPARED AND ATI'T3OVEE) BY: Jose B. Alvarez Director, Torts Div Law Department day of InIiEMSER "AUR!CE )1,, FFRRE M IfY 1h P ATTEST: 1, I, C(IUTHERM City Clerk APPROVED AS TO FORM AND CORRECTNESS: gAP3441/400144•1 TIN S. LLOYD City Attorney `SUPPORTIVVE D C'' m ENTS FOLLOW" ■ Honorable Members To The City Commission J dh n S. t. i ryd it, " AttorpOy .r' Oct -skier 29, 1975 V-75-504 Settlement of Claim against The City Resolution In the following claim, .lose A. Fernandez, was the operator of his motor vehicle which was struck in the rear by a City of Miami Police vehicle. The liability situation is at least ninety (90) percent against the City. The style of this matter is Jose A. Fernandez versus The City of Miami and John J. Hickey. (V-75--504) This accident took place on August 10, 1975, at about '0 s 39 A.M., a Sunday, on N.V. 4(th Street, 45 feet west of N.W. 12th Court, Miami, Florida. The damage to the City Police vehicle was repaired at a cost of fi483.03, w1:i:-1; on +he outside would he more like $900. to $1000, Damage to the Fernandes, vehicle was settled earlier for S511.59. The facts surrounding the accident indicate that the Fernandez vehicle was racing west on N.tN . 46th Street, stopped for a red light. The Police ice vehicle struck the rear of the Fernandez vehicle. Approirnately 19 feet of skid marks were left by the front tire o•7 the Police vehicle. Initially, we had thought there may have been a question as to brake failure, however, this was not the case. Mr. Feldon of the Motor Pool, found the vehicle to be acceptable as far as the brake system' s operation. Mr. Fernandez has made a demand to settle the bodily injury claim sustained in this accident in the amount of $ 5, 000.00, which should include the personal injury protection coverage paid by his own carrier, State Farm Insurance Company. 1A list of the special damages is as follows: "SUPPORTIVE ■ TOt ttonorahle Members Po The City 'otnm iss iron NAME DATE 2 - nrtoher 29, 1975. Manuel P1ase ictia, M.D. 2/11 to 10/75 3 5.00 Miami International Hospital 4/2+) to R/22/75 S1373.90 Dr. D. Altman (Padiolonist) S t2.10 Total Medir_a1 w - - - - - - -- -- .. - Loss of Tine & wage (nr.Plasencia's report indicates a total d i.sal,i l i.ty time from t'hc date oc accident. August 10 tllru O'tober 3, 1'>75. claimant is a Real Estate Proker- and ;:is accountant's report an income of :S5,000.01) or t:1'e'. 1`r to : year V1 i_cL amount to a}out :;'', c)83 .00 per month) . The settlement committee, inc,ludinu ,lose, P. Alvarez, Eugene Steinfeld, Mari-) Santana, and 1 au1_ Weher metand it is their con- sideration +_hat a settlement up to fir,000.00 be considered to close tL iS ratter. I recommend tat the above offer 1`C' accepted in Ytll 1 and complete settlement )* this spcc•i.cic bodily injury claim to include the Sulur:)eaat i')n claim or State Farm Insurance Corpan?. En'. Resolution attached TW:ro