98-22906 RESO
RESOLUTION NO. 98-22906
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING A SETTLEMENT OF THE WRONGFUL DEATH CLAIM STYLED JORGE
CASTELLANOS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARIA ISABEL
CASTELLANOS and RICHARD CARRANZA, A MINOR, FRANCISCO L. MC CLOUD, A MINOR,
DAVID A. MC CLOUD, A MINOR; DANIEL EDGARDO CARRANZA, A MINOR; HECTOR
EDGARDO CARRANZA AND MADEL YN ISABEL CARRANZA, INDIVIDUALLY AND CHILDREN
AND BENEFICIARIES OF MARIA ISABEL CASTELLANOS, DECEASED, AND PAYING
$200,000.00 FROM THE CITY'S MANAGEMENT FUND PURSUANT TO FLORIDA STATUTE
H68.28 AND THE FLORIDA WRONGFUL DEATH ACT; AND FURTHER AUTHORIZING THE
OFFICE OF THE CITY ATTORNEY TO EXECUTE ANY AND ALL RELATED DOCUMENTS
RELATED TO THE SETTLEMENT
WHEREAS, on April 2, 1998, the City was put on notice of a claim pursuant of Florida Statute ~ 768.28
arising out of the alleged wrongful death of Maria L Castellanos as a result of the automobile collision of March 12,
1998 for which the estate and minor children sought damages, costs and attorneys fees under the Florida Wrongful
Death Act; and
WHEREAS, subject to the terms set forth herein, the estate and children and the City, without admission
of liability, have agreed to resolve any and all claims and disputes by and between them; and
WHEREAS, the aforementioned parties desire to avoid further expense, time, effort, and uncertainty in
regard to this claim;
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 herein approve a settlement of the claim styled
Jorge Castellanos as Personal Representative of the Estate of Maria Isabel Castellanos, and Richard Carranza, a
minor, Francisco I. McCloud, a minor, David A. McCloud, a minor; Daniel Edgardo Carranza, a minor; Hector Edgardo
Carranza and Madelyn Isabel Carranza, individually as children and beneficiaries of Maria Isabel Castellanos, deceased,
and pay $200,000.00 from the City's Risk Management fund and further authorize the City's Attorney's Office to
execute any and all related documents.
PASSED and ADOPTED this 23rd day of
September
, 1998.
JtJ/11
MA YOR
ATTEST:
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CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
:ITY OF MIAMI BEACH
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. (, 1 (" -0, ~
Mayor Neisen O. Kasdin and
Members of the City Commission
Murray H. Dubbin h.A.~ 1 r
City Attorney NA ~ IJ,}J
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING A SETTlEMENT OF THE WRONGFUL DEATH CLAIM STYLED JORGE
CASTELLANOS, AS PERSONAL REPRESENTATIVE AS THE ESTATE OF MARIA ISABEL
CASTELLANOS and RICHARD CARRANZA, A MINOR. FRANCISCO L. MC CLOUD, A MINOR,
DAVID A. MC CLOUD, A MINOR; DANIEL EDGARDO CARRANZA, A MINOR; HECTOR
EDGAR DO CARRANZA AND MADEL YN ISABEL CARRANZA, INDIVIDUALLY, AS CHILDREN
AND BENEFICIARIES OF MARIA ISABEL CASTELLANOS, DECEASED. AND PAYING
$200,000.00 FROM THE CITY'S RISK MANAGEMENT FUND PURSUANT TO FLORIDA
STATUTE ~768.28 AND THE FLORIDA WRONGFUL DEATH ACT; AND FURTHER
AUTHORIZING THE OFFICE OF THE CITY ATTORNEY TO EXECUTE ANY AND ALL RELATED
DOCUMENTS RELATED TO THE SETTLEMENT
DATE: September 23, 1998
CITY ATTORNEY RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On or about March 12, 1998, the deceased, Maria Isabel Castellanos, was involved in an automobile accident at the
intersection of 16th Street and Pennsylvania A venue in Miami Beach, Florida when the vehicle in which she was the
driver struck the vehicle being driven by police officer Warren Smith who was entering 16th Street from Pennsylvania
Avenue which is controlled by a stop sign. Officer Smith's view of eastbound traffic was blocked due to two illegally
parked cars at or near the corner of 16th Street and Pennsylvania Avenue. By law, Mrs. Castellanos had the right-of.
way. Mrs. Castellanos was transported to Mt. Sinai and then to Jackson Memorial Hospital where she passed away
on March 28, 1998.
ANAL YSIS:
Because Mrs. Castellanos had the right.of-way and because Officer Smith was entering an intersection which was
controlled by a stop sign a jury would in all probability find the City to be liable for the causation of this accident.
That, in addition to the fact that she left six (6) children, four (4) of whom are under the age of 18 as orphans could
lead to a verdict, in the opinion of this office, well in excess of the City's statutory cap of $200,000.00.
AGENDA ITEM
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DATE
CONCLUSION:
The Mayor and City Commission should adopt the attached Resolution approving the execution of a settlement
agreement.
F:IA HOI WEIJIC ASEICASTELLA IC 0 M MISSI.MEM
Attachment
2