2016-29397 Reso RESOLUTION NO. 2016-29397
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CONSENTING TO THE SETTLEMENT OF A
PERSONAL INJURY CLAIM FILED BY RAFAEL CABRERA ROSARIO
AGAINST THE CITY OF MIAMI BEACH, AND AUTHORIZING THE .
PAYMENT OF $150,000 FROM THE CITY'S RISK MANAGEMENT FUND
TO SETTLE THE CLAIM, PURSUANT TO SECTION §768.28 OF THE
FLORIDA STATUTES; AND FURTHER AUTHORIZING THE OFFICE OF
RISK MANAGEMENT TO EXECUTE ANY AND ALL SETTLEMENT
DOCUMENTS.
WHEREAS, On March 28, 2012, Rafael Cabrera Rosario, a blind pedestrian, was struck
by a City of Miami Beach vehicle at the crosswalk of Meridian Avenue and 6th Street, which
resulted in serious injuries, including the amputation of the fourth metatarsal; and
WHEREAS, Rafael Cabrera Rosario retained Carlos Zuniga, Esquire to represent him in
resolving a claim with the City of Miami Beach related to his personal injuries of March 28, 2012
and, pursuant to Section 768.28 of the Florida Statutes, filed said claim with the City on April 24,
2012; and
WHEREAS, following negotiations between the City's Risk Management Office, the
City Attorney's Office, and the attorney representing Mr. Rosario, a settlement without
admission of liability was reached to resolve all claims between the parties related to the subject
personal injury claim and the Mayor and City Commission consent to the terms of the
settlement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby consent to the settlement of the personal injury claim filed by Rafael
Cabrera Rosario against the City of Miami Beach, and authorize the payment of $150,000 from
the City's Risk Management fund to settle the claim, without admission of liability, pursuant to
Section §768.28 of the Florida Statutes; and further authorize the execution of any and all
settlement documents by the City's Office of Risk Management.
PASSED AND ADOPTED this // day of Ma , 2016.
ATTEST:
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City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSI I'N MEMORAMDUM
TO: Mayor Philip Levine and Members oft e City C./if mission
FROM: Jimmy L. Morales, City Manager ���; � _,,
DATE: May 11, 2016
SUBJECT: A RESOLUTION OF THE MAYO;" AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, C•NSENTING TO A SETTLEMENT OF A
PERSONAL INJURY CLAIM FILED BY RAFAEL CABRERA ROSARIO
AGAINST THE CITY OF MIAMI BEACH, AND PAYING $150,000 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.
BACKGROUND
Pursuant to Resolution #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 April 13, 2016, there was a closed executive session held
with the Mayor and Commission to discuss an offer of compromise regarding the subject
claim.
On March 28, 2012, Rafael Cabrera Rosario, a blind pedestrian, was struck by a City of Miami
Beach vehicle at the crosswalk of Meridian Avenue and 6th Street, which resulted in serious
injuries, including the amputation of the fourth metatarsal. Mr. Rosario retained Attorney
Carlos Zuniga to represent him in resolving this matter with the City of Miami Beach, and
pursuant to Florida Statue §768.28, filed a claim on April 24, 2012.
Currently, the cap to resolve tort claims is $200,000 per person/300,000 per incident
(effective October 1, 2011). The staff of Risk Management and the City Attorney's Offices
negotiated a settlement to resolve this matter with the claimant's attorney, avoiding litigation that
could possibly result in a verdict that exceeds the cap. 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
$150,000.
RECOMMENDATION
It is recommended that the City adopt the proposed resolution.
JLM/MT/SC-T
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Agenda Item C a
Date S--11-14