HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: September 13, 2021 r`
RE: City Commission Meeting — September 13, 2021
Proposed Settlement — 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
File No.: 9538
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Rachel Johnson against the City of Miami in the amount of $40,000.00, in the
matter of 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.
Attachment(s)
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/NMR
4:: Y City of Miami City Hall
Y
3500 Pan American Drive
Legislation Miami, FL 33133
www.miamigov.com
Resolution
Enactment Number: R-21-0331
File Number: 9538 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.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
jina 4MHez, City Attor ey 8/3012021
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.