HomeMy WebLinkAboutCity of Tamarac Resolution R-95-1151
Temp. Reso.7068
May 4, 1995
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-9.6-10-
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE SETTLEMENT OF THE
BODILY INJURY LIABILITY CLAIM OF JAMES
BRADFORD FOR $15,000,00; PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac, Florida deems it to be in the best interests of
the citizens and residents of the City to settle the bodily injury liability claim of James
Bradford for $15,000.00.
WHEREAS, James Bradford was stopped in the left turn lane in his employer's
pickup truck waiting for traffic to clear when struck from behind by a City of Tamarac
Fire Department automobile on February 10, 1993.
WHEREAS, James Bradford allegedly sustained neck and back injuries from the
accident.
WHEREAS, a Magnetic Resonance Imaging (MRI) of James Bradford's cervical
spine on March 18, 1993 confirmed muscle spasm and disclosed a small bulge of the
cervical disc at C6-C7.
WHEREAS, a Board Certified Orthopedic Surgeon determined that James
Bradford sustained a 6% permanent partial disability to the body as a whole as a result
of the February 10, 1993 accident.
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Temp. Reso.7068
May 4, 1995
WHEREAS, James Bradford received medical and disability benefits of $8,192.39
from his employer's workers' compensation insurer.
WHEREAS, the $15,000.00 settlement will include the workers' compensation
insurer's $8,192.39 lien.
WHEREAS, James Bradford could be awarded substantially more than $15,000.00
if he were to win a lawsuit against the City of Tamarac.
WHEREAS, it would cost the City of Tamarac an estimated $10,000.00 to defend a
lawsuit by James Bradford.
WHEREAS, the City has already paid $486,33 for property damage to the owner of
the truck that James Bradford was driving.
WHEREAS, James Bradford will provide the City with a full release of all claims.
WHEREAS, Michael Burke, the City's defense counsel recommends the settlement
of the James Bradford claim for $15,000.00.
WHEREAS, the Risk Manager recommends the settlement of the James Bradford
claim for $15,000,00.
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 are hereby made a specific part of this resolution.
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Temp. Reso.7Q68
May 4, 1995
SECTION 2: The City Commission of the City of Tamarac, approves a $15,000.00
settlement with James Bradford for all claims including the workers' compensation lien.
SECTION 3: 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.
SECTION 5: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this-)qday of11%i 1995.
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to �n . /
MITCHELL S. RAFT
CITY ATTOR EY
Risk Management/ DML
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COMB,
MAYOR ABRAMOWITZ �
DIST. 1:
v i M KATZ_
DIST. 2:
_4
COMM. MiSHKIN
DIST. 3:
COMM. SCHREIBER
DIST. 4:
COMM. MACHEK
•l ITT
Form t15 (10/83)
RELEASE
e - 9 �-- //S'
That
r and in consideration of the sum of FIFTEEN THOUSAND DOLLARS AND 0 CENTS
liars, (� 15 , 000.00 ), the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and forever
scharge CITY OF TAMARAC FLORIDA CRAWFORD AND C Y D J
his successors and assigns, and/or his, her, their heirs, executors and administrators, and also any and all other persons, associations and
corporations, whether herein named or referred to or not, and who, together with the above named, may be jointly or severally liable
to the Undersigned, of and from any and all, and all manner of, actions and causes of action, rights, suits, covenants, contracts, agree-
ments, judgments, claims and demands whatsover in law or equity, including claims for contribution, arising from and by reason of
any and all KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN bodily and personal injuries or death, damage to property,
and the consequences thereof, which heretofore have been, and which hereafter may be sustained by the Undersigned or by any and
all other persons, associations and corporations, whether herein named or referred to or not, and especially from all liability arisin out
of an occurrence that happened on or about the 10th day of FEBRUARY 19 3
at or near PINE ISLAND RD., (N.W. 88th AVENUE & W. Mc NAB ROAD, TAMARAC, FLORIDA
Further, in consideration of the above payment the UNDERSIGNED ALSO EXPRESSLY DECLARES AND AGREES,
(1) That all claims, past, present or future, are disputed and this full and final settlement thereof shall never be treated as
evidence of liability, nor as an admission of liability or responsibility at any time or in any manner whatsoever;
(2) That this release covers and includes all claims several or otherwise, past, present or future, which can or may ever be
asserted by any person or persons, as heirs, or otherwise, as the result of injuries or death and/or damages as aforesaid or the effects or
consequences thereof;
(3) That this full and final release shall cover and include all and any future injuries, death and/or damages not now known
to any of the parties hereto but which may later develop or be discovered, including the effects or consequences thereof and including
all causes of action therefor;
(4) That the Undersigned will indemnify and hold harmless the said parties released hereby, against loss, including counsel
fees, from any and every claim or demand of every kind and character, including claims for contribution, which may be asserted by
the Undersigned by reason of said occurrence, injuries and/or damages or the effects of consequences thereof;
(5) It is further understood and agreed: That the parties hereby released admit to no liability to the Undersigned nor to
yone whomsoever: that such released parties have not consented, in writing or other form, to this release nor to the settlement to
ich it is applicable and shall not be thereby precluded nor barred from asserting any claim or cause of action they or any of them
may have against the Undersigned or others, that right being hereby expressly reserved to such released parties and to any of them.
6) IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE PARTIES THAT THIS SETTLEMENT IS
SUBJECT TO APPROVAL BY THE CITY COUNCIL OF TAMARAC, FLORIDA. 1
n witness whereof, the handand seal of the Undersigned is set hereunto this _ r2 L day of
,19 9
Witness4:��
Address
Witness:'
READ CAREFULLY BEFORE SIGNING
(SEAL)
JAMES BRADFORD
ress:
PORT ST. LUCIE, FLORIDA
Address:
(SEAL)
.r .Gu G�.?`l L `` AL
STATE OF IV r A )
Address:
COUNTY OF h f G >r ) SS:
On this � � � � day, of '(' � ( �--
i
19 beforeme personally
appeared v
Vme personally known, and known to be the persons individually or jointly described in and who exe uted the above instrument and
acknowledged to me the act of signing and sealing thereof.
CRL'_`fA`W F. MON/'LDI
My term expires ���. ► �r r{L
NOTARY '_%'i!r
cni PULL!:: !c'a��Zi i U f� vfVllu l°i otary b IC