Loading...
HomeMy WebLinkAboutR-21-0331City of Miami f Legislation Resolution: R-21-0331 File Number: 9538 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/13/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RACHEL JOHNSON, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $40,000.00 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 RACHEL JOHNSON VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 18-006087 CA 01, 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; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. WHEREAS, on December 3, 2018, Rachel Johnson ("Johnson") was involved in a motor vehicle accident at the intersection of North Miami Avenue and Northwest 29th Street which resulted in alleged personal injuries to Johnson; and WHEREAS, Johnson 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.: 18- 006087 CA 01 concerning a claim of negligence; and WHEREAS, Johnson has made claims against the City for her personal injuries; 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 $40,000.00, 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 fully set forth in this Section. Section 2. The Director of Finance is authorized' to pay Johnson, without admission of liability, the total sum of $40,000.00 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 Rachel Johnson vs. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 18-006087 CA 01, 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. City of Miami Page 1 of 2 File ID: 9538 (Revision:) Printed On: 9/23/2021 File ID: 9538 Enactment Number: R-21-0331 Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 "-V4, r-� -,L�' ria i dez,'City Attor iey 8/30/2021 City of Miami Page 2 of 2 File ID: 9538 (Revision:) Printed on: 9/23/2021