R7H-Consent To Settlement Of Personal Injury Claim Filed By Loida DiazCOMMISSION 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
LOIDA DIAZ AGAINST THE CITY OF MIAMI BEACH, AND PAYING $198,000 FROM THE CITY'S
RISK MANAGEMENT FUND, PURSUANT TO FLORIDA STATUTE 5768.28; AND FURTHER
AUTHORIZING THE EXECUTION BY THE OFFICE OF RISK MANAGEMENT OF ANY AND ALL
SETTLEMENT DOCUMENTS.
Ensure Expenditure Trends Are Sustainable Over The Long Term
Item Summary/Recommendation :
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 lnsurance Fund. All settlements in excess of $100,000 require commission
approval.
Ms. Diaz retained Attorney Paul A. Sack to represent her in resolving a matter with the City of Miami
Beach, and pursuant to Florida Statue 5768.28, filed aclaim on September 17,2014. Currently, the
cap to resolve tort claims is $200,000 per person/300,000 per incident (effective October 1,201'l).
The Risk Management and City Attorney's Offices and the claimant's attorney negotiated a
settlement to resolve the issue, avoiding litigation that could 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 $198,000.
It is recommended that the City adopt the proposed resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
Total
Financial lmpact Summary:
Sylvia Crespo-Tabak, Human Resources Director
AGENDA rrEM nl H
EATE 3-I[-ITMIAMIBEACH562
E MIAMIBEACH
City of Miomi Bcoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORAMDUM
Mayor Philip Levine and Members offthe City Cfihmission
Jimmy L. Morales, City Manager
March 11,2015
SUBJECT: A RESOLUTION OF THE MAYOF AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF A
PERSONAL INJURY CLAIM FILED BY LOIDA DIAZ AGAINST THE CITY OF
MIAMI BEACH, AND PAYING $198,000 FROM THE GITY'S RISK
MANAGEMENT FUND, PURSUANT TO FLORIDA STATUTE 5768.28; 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 lnsrrance Fund. All settlements in excess of $100,000
require commission approval.
Ms. Diaz retained Attorney Paul A. Sack to represent her in resolving a matter with the City
of Miami Beach, and pursuant to Florida Statue 5768.28, filed a claim on September 17,
2014. Currently, the cap to resolve tort claims is $200,000 per person/300,000 per incident
(effective October 1,2011). The Risk Management and the City Attorney's Offices and the
claimant's attorney negotiated a settlement to resolve this matter, 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
$198,000.
RECOMMENDATION
llisrcWnended that the City adoptthe proposed resolution.
JLM/KGB/SC-T
T:\AGENDA\201 5\March\Human Resources\L.Diaz Settlement Memo.docx
TO:
FROM:
DATE:
563
RESOLUTION NO.
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 LOIDA DIAZ AGAINST THE CITY
OF MIAMI BEAGH, AND AUTHORIZING THE PAYMENT OF $198,000 FROM
THE GITY'S RISK MANAGEMENT FUND TO SETTLE THE GLAIM,
PURSUANT TO SECTION 5768.28 OF THE FLORIDA STATUTES; AND
FURTHER AUTHORIZING THE OFFICE OF RISK MANAGEMENT TO
EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS.
WHEREAS, Loida Diaz retained Paul A. Sack, Esquire to represent her in resolving a
claim with the City of Miami Beach related to a personal injury on May 5, 2014 and, pursuant to
Section 768.28 of the Florida Statutes, filed said claim with the City on September 17 , 2014; and
WHEREAS, following negotiations between the City's Risk Management Office, the
City Attorney's Office, and the attorney representing Ms. Diaz, a settlement 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
GOMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby consent to the settlement of the personal injury claim filed by Loida Diaz
against the City of Miami Beach, and authorize the payment of $198,000 from the City's Risk
Management fund to settle the claim, pursuant to Section 5768.28 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
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk APPROVED AS TO
FORM & LANGUAGE
EXECUTION
lA-l
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