HomeMy WebLinkAboutR-21-0099City of Miami
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Legislation
Resolution: R-21-0099
File Number: 8621
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/11/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY CARLOS LOPEZ, WITHOUT ADMISSION
OF LIABILITY, THE TOTAL SUM OF $100,000.00 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 CARLOS LOPEZ VS. CITY OF MIAMI, PENDING IN THE
CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20-27448 CA 32, UPON THE
EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS
BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A
DISMISSAL OF THE CITY WITH PREJUDICE; FURTHER AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY ROBERTO HERNANDEZ YANIZ,
INDIVIDUALLY AND ON BEHALF OF CIARAH ESTEFANIA RAMIREZ, THE
TOTAL SUM OF $200,000.00 IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR
ATTORNEYS' FEES, AGAINST, THE CITY UPON THE EXECUTION OF A
GENERAL RELEASE OF ALL CLAIMS AND DEMANDS FOR NEGLIGENCE
AND WRONGFUL DEATH; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, on May 5, 2020, Carlos Lopez ("Lopez"), Roberto Hernandez Yaniz
("Yaniz"), and Ciarah Estefania Ramirez ("Ramirez") were involved in a motor vehicle accident
at the intersection of North Miami Avenue and Northwest 36th Street which resulted in the death
of Ramirez and alleged personal injuries to Lopez and Yaniz; and
WHEREAS, Lopez and the City of Miami ("City") are engaged in litigation in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-
27448 CA 32 concerning a claim of negligence; and
WHEREAS, Yaniz has made claims against the City for his personal injuries and the
wrongful death of his wife, Ramirez; 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 total aggregate sum
of $300,000.00, including the claims for attorneys' fees, with $100,000.00 to be paid to Lopez
and $200,000.00 to be paid to Yaniz, individually and on behalf of Ramirez;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 8621 (Revision:) Printed On: 311912021
File ID: 8621 Enactment Number: R-21-0099
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Lopez, without admission of
liability, the total sum of $100,000.00 in full and complete settlement of any and all claims and
demands, including all claims for attorneys' fees, against the City and its officers, agents, and
employees in the case styled Carlos Lopez vs. City of Miami, pending in the Circuit Court for the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-27448 CA 32,
upon the execution of a general release of all claims and demands brought for negligence
pending in state court and a dismissal of the City and its officers, agents, and employees with
prejudice, with funds allocated from Account No. 50001.301001.545010.0000.00000.
Section 3. The Director of Finance is further authorized' to pay Yaniz, individually and
on behalf of Ramirez, without admission of liability, the total sum of $200,000.00 in full and
complete settlement of any and all claims and demands, including all claims for attorneys' fees,
against, the City and its officers, agents, and employees upon the execution of a general
release of all claims and demands brought for negligence and wrongful death with funds
allocated from Account No. 50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
&�na City Nttor ey 2/23/2021
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 8621 (Revision:) Printed on: 311912021