HomeMy WebLinkAboutCity of Tamarac Resolution R-96-278Temp. Reso #7619 1
November 25, 1996
Revised 12/2/96
CITY OF TAMARAC, FLORIDA
Q
RESOLUTION NO. R-96-11
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE BODILY INJURY CLAIM
OF DREU FOWLER FOR $25,000;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Dreu Fowler was attending his son's t-ball game at Tamarac Park on
April 30, 1995 and was sitting on the top level of the three tier bleachers; and
WHEREAS, the structure suddenly collapsed, causing Mr. Fowler to fall backwards,
landing on his right shoulder and low back; and
WHEREAS, an MRI evaluation was performed and revealed desiccated posteriorly
herniated Disc at C3-C4 and C5-C6 levels with encroachment and posterior bulging Disc
at C2-C3 level; and
WHEREAS, Dr. Stephen Wolff, has rendered the opinion that Mr. Fowler has
reached Maximum Medical Improvement (MMI) in the absence of surgery, with an overall
Impairment Rating of 10%; and
WHEREAS, it would cost the City an estimated $10,000 - $15,000 to defend a
lawsuit brought by Mr. Fowler, not including any judgements made against the City; and
WHEREAS, the City's legal counsel recommends settlement of this claim in the
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Temp. Reso #7619 2
November 25, 1996
Revised 12/2/96
amount of $25,000; and
WHEREAS, the Risk Manager, City Attorney and City Manager recommend
settlement of this claim in the amount of $25,000; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to settle the bodily
injury claim of Dreu Fowler in the amount of $25,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and is hereby made a specific part of this Resolution.
.SECTION L The City Commission of the City of Tamarac approves a
$25,000 settlement with Dreu Fowler for all claims against the City in return for a full
release.
$ETIC All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
.,SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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passage and adoption.
Temp. Reso #7619 3
November 25, 1996
Revised 12/2/96
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT.
CITY ATTORNEY
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LARRY JsHkIN
VICE MAYOR
RECORD OF COMMISSION VOTE
MAYOR ..,
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