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: March 11, 2021
RE: City Commission Meeting — March 11, 2021
Proposed Settlement — 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; and the claims of Roberto
Hernandez Yaniz, individually and on behalf of Ciarah Estefania Ramirez.
File No.: 8621
The proposed resolution seeks authorization to settle a pending lawsuit and
claims for the total aggregate amount of $300,000.00. Specifically, the resolution seeks
authorization for the settlement of the pending lawsuit of Carlos Lopez against the City
of Miami in the amount of $100,000.00, in the matter of 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; and authorization to settle the claims of
Roberto Hernandez Yaniz, individually and on behalf of Ciarah Estefania Ramirez, in
the amount of $200,000.00.
Attachment(s)
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/CAG
City of Miami
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µ r
City Hall
Legislation
3500 Pan American Drive
Miami, FL 33133
Resolution
www.miamigov.com
Enactment Number: R-21-0099
File Number: 8621
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:
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
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Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
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.