Resolution 2020-31201 RESOLUTION NO. 2020-31201
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 MARILYN STANDER AGAINST
THE CITY OF MIAMI BEACH, AND PAYING $170,000.00 FROM THE
CITY'S RISK MANAGEMENT FUND PURSUANT TO FLORIDA STATUTE
§768.28; AND FURTHER AUTHORIZING THE EXECUTION OF ANY AND
ALL SETTLEMENT DOCUMENTS BY THE OFFICE OF RISK
MANAGEMENT.
WHEREAS, On January 22, 2019, Marilyn Stander, an 80-year old resident, was
taking her daily walk in her neighborhood when she tripped and fell due to an uneven
sidewalk on/between 1460 West Avenue, Miami Beach; and
WHEREAS, the condition on the sidewalk at issue on 1460 West Avenue was
confirmed to be a tripping hazard by the City, and was subsequently fixed by the City upon
receipt and notification to the City by Ms. Stander's notice of claim letter; and
WHEREAS, following the accident, Ms. Stander had surgery for bilateral shoulder
fractures at Mount Sinai Hospital and an extensive recovery in a rehabilitation facility; and
WHEREAS, Ms. Stander incurred medical expenses that exceeded $340,000.00; and
WHEREAS, Ms. Stander's medical records and bills were evaluated by a Nurse
Practitioner retained by the City to establish that Ms. Stander's injuries and treatment were
causally related to the trip and fall at 1460 West Avenue, and further, that the medical bills
were reasonable and necessarily related to the fall and resulting treatment; and
WHEREAS, the Nurse Practitioner retained by the City confirmed that the bilateral
shoulder surgeries were necessary and related to the fall Ms. Stander suffered at the
sidewalk on 1460 West Avenue in Miami Beach; and
WHEREAS, the Nurse Practitioner retained by the City also confirmed that the bulk of
the medical bills (approximately $320,000.00) were necessary and related to the bilateral
shoulder surgeries that Ms. Stander received at Mount Sinai Hospital; and
WHEREAS, Ms. Stander retained Groves & Verona, P.A. to represent her in resolving
this matter with the City of, and, pursuant to Florida Statute §768.28, filed said claim on April
3, 2019; and
WHEREAS, Ms. Stander's attorney filed a complaint and the City was served with the
summons on November 19, 2019; and
WHEREAS, after lengthy negotiations between the City's Office of Risk Management,
the City Attorney's Office and the claimant's attorney, the City reached a settlement with Ms.
Stander; and
WHEREAS, 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 $170,000.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby consent to a settlement of a personal injury claim filed by Marilyn
Stander against the City of Miami Beach, and paying $170,000.00 from the City's Risk
Management fund pursuant to Florida statute §768.28; and further authorize the execution of
any and all settlement documents by the Office of Risk Management.
PASSED AND ADOPTED this It day of "'tax , 2020.
ATTEST: , 2-21,--________
Dan Gelber, Mayor
‘ctito-Lz
Rafa I E. Grana o, City Clerk
IN'CORPOATED
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APPROVED AS TO
F•' : LA UAGE
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Resolutions-C7 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 18, 2020
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 MARILYN STANDER AGAINST THE
CITY OF MIAMI BEACH, AND PAYING $170,000.00 FROM THE CITY'S
RISK MANAGEMENT FUND PURSUANT TO FLORIDA STATUTE §768.28;
AND FURTHER AUTHORIZING THE EXECUTION OF ANY AND ALL
SETTLEMENT DOCUMENTS BY THE OFFICE OF RISK MANAGEMENT.
RECOMMENDATION
Administration recommends consent to settlement.
BACKGROUND/HISTORY
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 January 22, 2019, Marilyn Stander, an 80-year old resident, was taking her daily walk in her
neighborhood when she tripped and fell due to an uneven sidewalk at or near 1460 West
Avenue, Miami Beach.The condition on the sidewalk at issue was confirmed to be a tripping
hazard by the City, and subsequent fixed by the City upon receipt and notification to the city by
Ms. Stander's notice of claim letter. Following the accident, Ms. Stander sustained substantial
injuries and immediately was taken to Mount Sinai Hospital where she had surgery for bilateral
shoulder fractures and an extensive recovery in a rehabilitation center. Ms. Stander incurred
medical expenses that exceeded $340,000, and deemed to be medically necessary and
related to her injuries.
Ms. Stander retained Groves & Verona, P.A. to represent her in resolving this matter with the
City of Miami Beach, and pursuant to Florida Statute §768.28 filed said claim on April 3, 2019.
Ms. Stander's attorney filed a complaint and the City was served with the summons on
November 19, 2019.After lengthy negotiations between Risk Management, the City Attorney's
Office and the claimants attorney,the City reached a settlement of$170,000.
Page 483 of 1097
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.
CONCLUSION
Administration recommends consent to settlement.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Human Resources
ATTACHMENTS:
Description
❑ Reso
Page 484 of 1097