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2014-28519 Reso RESOLUTION NO. 2014-28519 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF A PERSONAL INJURY CLAIM FILED BY LORRAINE SIMKOWITZ AGAINST THE CITY OF MIAMI BEACH, AND PAYING $120,000.00 FROM THE CITY'S RISK MANAGEMENT FUND PURSUANT TO FLORIDA STATUTE §768.28; AND FURTHER AUTHORIZING THE EXECUTION BY THE OFFICE OF RISK MANAGEMENT OF ANY AND ALL SETTLEMENT DOCUMENTS. WHEREAS, on May 30, 2013, Lorraine Simkowitz, a 90-year old resident, was taking her daily walk in her neighborhood when she tripped and fell due to an uneven sidewalk at/between 835-845 Fairway Drive, Miami Beach; and WHEREAS, following the accident, Ms. Simkowitz had two unsuccessful surgeries to try to repair the intraocular implant and ruptured globe; and WHEREAS, Ms. Simkowitz was caused to suffer a severe and debilitating injury, including the loss of sight in her left eye, incurring medical expenses that exceeded $32,000 in the past and will incur further medical expenses in the future due to additional medical treatments and surgeries for the left eye; and WHEREAS, Ms. Simkowitz retained Attorney David S. Wieder to represent her in resolving this matter with the City of Miami Beach, and pursuant to Florida Statute §768.28 filed said claim on July 8, 2013; and WHEREAS, after lengthy negotiations between Risk Management, the City Attorney's Office and the claimant's attorney, the City reached a settlement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby consent to a settlement of a personal injury claim filed by Lorraine Simkowitz against the City of Miami Beach, and paying $120,000.00 from the City's Risk Management fund pursuant to Florida Statute §768.28; and further authorizing the execution by the office of Risk Management of any and all settlement documents. PASSED and ADOPTED this 5 day of March 2014. PHILIP LEV, MAYO ATTEST: APPROVED AS TO RAF EL E. GRAN �� FORM &LANGUAGE CITY CLERK e� .y TION T:WGENDA\2014w,archUteso-Settleme t L.SYrakpuvi v.C 3 i1, •: v .� 8�FON EXECU cr►�GRP GRATED= 1 ��° �J i0 `�i to j r1 Ci ttorney 9 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Consenting To A Settlement Of A Personal Injury Claim Filed By Lorraine Simkowitz Against The City Of Miami Beach, And Paying $120,000.00 From The City's Risk Management Fund Pursuant To Florida Statute §768.28; And Further Authorizing The Execution By The Office Of Risk Management Of Any And All Settlement Documents. Key Intended Outcome Supported: Ensure expenditure trends are sustainable over the long term. Item Summa /Recommendation: Pursuant to Resolution No. 90-19982, the City Manager and the City Attorney or their respective designees are authorized to settle claims up to an amount of $100,000 per claim against the City of Miami Beach Self Insurance Fund. All settlements in excess of $100,000 require Commission approval. On May 30, 2013, Lorraine Simkowitz, a 90-year old resident was taking her daily walk in her neighborhood, and tripped and fell due to an uneven sidewalk at/between 835-845 Fairway Drive, Miami Beach. There is a witness that has provided a sworn statement confirming the version of events of Ms. Simkowitz. Following the accident, Ms. Simkowitz had two unsuccessful surgeries to try to repair the intraocular implant and ruptured globe. Consequently, she was caused to suffer a severe and debilitating injury, including the loss of sight in her left eye. Ms. Simkowitz's medical expenses exceed$32,000. Ms. Simkowitz retained Attorney David S. Wieder to represent her in resolving this matter with the City of Miami Beach, and pursuant to Florida Statute§768.28, filed a claim on July 8, 2013. Currently, the cap to resolve tort claims is$200,000 per person/$300,000 per incident (effective October 1, 2011). After lengthy negotiations between Risk Management, the City Attorney's Office and the Claimant's attorney, the City reached a settlement. Subject to the terms of the Settlement Agreement, the claimant and the City, without admission of liability, have agreed to resolve any and all claims and disputes by and between them, for which the City will pay $120,000. It is recommended that the City Commission adopt the proposed resolution. Advisory Board Recommendation: Financial Information: Amount Source of FY2013/2014 $120,000 Funds: I FY2014/2015 N/A 2 FY2015/2016 N/A 3 OBPI Total $120,000 Financial Impact Summary: Paid from the Risk Fund Account#540-1792-000-332 City Clerk's Office Legislative Tracking: Sylvia Crespo-Tabak, Human Resources Director Sign-Offs: Department Crirector Assistant City M na er N City Manager vi Cres - abak KptMie . Br oks Jimmy L. Morales T:\AGENDA\2014\Nlarch\Simkowitz Settlement Summary.docx I A1 EAC H AGENDA ITEM CN, DATE 3-5-/9' i City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.mlamlbeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the ty Commission FROM: Jimmy L. Morales, City Manager Jose Smith, City Attorney DATE: March 5, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF A PERSONAL INJURY CLAIM FILED BY LORRAINE SIMKOWITZ AGAINST THE CITY OF MIAMI BEACH, AND PAYING $120,000.00 FROM THE CITY'S RISK MANAGEMENT FUND PURSUANT TO FLORIDA STATUTE §768.28; AND FURTHER AUTHORIZING THE EXECUTION BY THE OFFICE OF RISK MANAGEMENT OF ANY AND ALL SETTLEMENT DOCUMENTS. ADMINISTRATION RECOMMENDATION Consent to the settlement. BACKGROUND Pursuant to Resolution No. 90-19982, the City Manager and the City Attorney or their respective designees are authorized to settle claims up to an amount of $100,000 per claim against the City of Miami Beach Self Insurance Fund. All settlements in excess of $100,000 require Commission approval. On May 30, 2013, Lorraine Simkowitz, a 90-year old resident was taking her daily walk in her neighborhood, and tripped and fell due to an uneven sidewalk at/between 835-845 Fairway Drive, Miami Beach. There is a witness that has provided a sworn statement confirming the version of events of Ms. Simkowitz. Following the accident, Ms. Simkowitz had two unsuccessful surgeries to try to repair the intraocular implant and ruptured globe. Consequently, she was caused to suffer a severe and debilitating injury, including the loss of sight in her left eye. Ms. Simkowitz's medical expenses exceed $32,000. Ms. Simkowitz retained Attorney David S. Wieder to represent her in resolving this matter with the City of Miami Beach, and pursuant to Florida Statute §768.28, filed a claim on July 8, 2013. Currently, the cap to resolve tort claims is $200,000 per person/$300,000 per incident (effective October 1, 2011). After lengthy negotiations between Risk Management, the City Attorney's Office and the Claimant's attorney, the City reached a settlement. Subject to the terms of the Settlement Agreement, the claimant and the City, without admission of liability, have agreed to resolve any and all claims and disputes by and between them, for which the City will pay $120,000. FUNDING All tort settlements will be paid from the City's Risk Management Fund. CONCLUSION Based on the above, it is recommended that the City Commission adopt the proposed resolution. JLM/K B/Sli T:AGENDA\2014\March\Settlement-L.Simkowitz v.CMB.doc