Resolution 7550 RESOLUTION NO. 7550
WHEREAS, the City of Miami Beach passed and adopted Resolution
No. 7032 on October 12, 1949, and
WHEREAS, pursuant to said resolution Irving Cypen, Attorney-at-
Law, instituted a suit in the Circuit Court ot• the Eleventh
Judicial Circuit in and for Dade County, Florida, No. 23489 at
Law, styled City of Miami Beach, Florida, a municipal corporation,
on its own behalf and on behalf of Hiram Folsom, Plaintiff, versus
David J. Kleinbart, trading and doing business as Lee Pharmacy,
Defendant, and
WHEREAS, said suit was instituted for the purpose of recovering
from the third party responsible for the injuries to Hiram 1,1olsum,
City employee who elected to accept workmen' s compensation bene-
fits, and
WHEREAS, Milton Kelner, Attorney-at-Law, represented the interests
of the City employee and the said Irving Cypen represented the
interests of the City of Miami Beach, and
WHEREAS, the Defendant in said action has agreed to a settlement
in the sum of 427,500.00, and
WHEREAS, the sum of _p27,500.00 is more than sufficient to reim-
burse the City of Miami beach in full for the cost of all benefits
furnished and all compensation paid to the said injured employee
under the Workmen' s Compensation Act and sufficient to pay to the
said Irving Cypen an attorney' s fee as shall be determined by the
Industrial Commission, and
WHEhEAS, there will be a substantial residue which under the Law
the City emnloyee is entitled to, and
WHEREAS, it is recommended by the Attorney for the City employee
and the Attorney representing the interests of the City of Miami
Beach that said settlement be accepted and a Stipulation executed
for the dismissal of said suit , and
WHEREAS, the City employee has consented in writing to such settle-
ment and has executed a full and complete release of David J.
Kleinbart, individually, and doing business as Lee Pharmacy, the
Defendant, and Willie Jones , the driver of the vehicle owned by
the defendant which was involved in the accident , said release to
be approved by the City Attorney, and
SivHEREAS, the City of Miami Beach will, as a result of said settle-
ment, receive everything which it has paid out for and on behalf
of Hiram tolsom without bearing any legal expenses or costs ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Miami Beach that the pending suit No. 23489 at Law in the Circuit
Court of Dade County, Florida, be settled for the sum of .427,500.00
and that the Attorney representing the interests of the City,
Irving Cypen, be and he is hereby authorized to execute a Stipulation
for the dismissal of said suit.
BE IT FiTRTHER RESOLV-D that the City Manager or Assistant City Manager
be and they are hereby authorized to execute for and on behalf of the
City of Miami Beach a release from the City of Miami Beach to David
J. Kleinbart, individually, and doing business as Lee Pharmacy, the
Defendant, and Willie Jones ; the said release shall be delivered
upon the receipt of a draft in the sum of ;;27, 500.00 made payable
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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to the order of the City of Miami Leach.
BE IT FURTHER RESOLVED that the City of Miami Beach shall withhold
from the said sum sufficient monies to reimburse itself in full
for all past and future costs paid or to be paid on behalf of said
City employee under the Workmen' s Compensation Act , the future
costs to be determined by an order of the Industrial Commission,
and shall pay out of said sum attorney fee to Erving Cypen, such
fee to be determined by an order of the Industrial Commission, and
the balance of the said sum shall then be paid to Hiram Folsom and
Milton Kelner, his attorney, upon the execution by the said riiram
Folsom of a full and complete receipt for all monies being paid.
PASSED and ADOPTED this 18th day of April, A. D. 1951.
Acting Mayor
Attest : :14!5i,// -
City Clerk
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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