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
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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