HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney ,j a
DATE: January 23, 2020
RE: Proposed Settlement - City Commission Meeting — January 23, 2020
Susan Rosenstein v. City of Miami, pending in the Circuit Court of the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida
Case No. 15 -2733 -CA 15
File No.: 7001
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City") in the amount of seventy-five thousand dollars
($75,000.00).
This action was brought by the law firm of Michael Feiler, Esq. of the Law Offices
of Feiler and Leach, P.A. on behalf of the Susan Rosenstein alleging negligence relating
to the maintenance of a sidewalk.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/HJH/vja
City of Miami City Hall
W Y" 3500 Pan American Drive
Legislation Miami, FL 33133
N, www.miamigov.com
Resolution
Enactment Number: R-20-0019
File Number: 7001 Final Action Date:1/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY SUSAN ROSENSTEIN, WITHOUT ADMISSION OF LIABILITY,
THE AGGREGATE TOTAL SUM OF SEVENTY-FIVE THOUSAND DOLLARS
($75,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE
CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY,
"CITY") IN THE CASE STYLED SUSAN K. ROSENSTEIN VS. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 15 -2733 -CA 15, UPON THE
EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS
BROUGHT AGAINST AND A DISMISSAL OF THE CITY WITH PREJUDICE;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000.
WHEREAS, Susan Rosenstein and the City of Miami ("City") are engaged in litigation in
the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case
No.: 15 -2733 -CA 15, concerning a fall on a sidewalk; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claims and lawsuit be settled for the lump sum of seventy-
five thousand dollars ($75,000.00) including the claims for attorneys' fees;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Susan Rosenstein, without
admission of liability, the aggregate total sum of seventy-five thousand dollars ($75,000.00) for
full and complete settlement of any and all claims and demands, including any claim for
attorneys' fees, against the City, its agents, officers, and employees in the case styled Susan
Rosenstein vs. City of Miami, pending in the Circuit Court of the Eleventh Judicial Circuit in and
for Miami -Dade County, Florida, Case No.: 15 -2733 -CA 15, upon the execution of a general
release of all claims and demands brought against and a dismissal of the City and its officers,
agents, and employees with prejudice, with funds allocated from Account No.
50001.301001.545013.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, ity ttor ey 111312020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.