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: February 10, 2022
RE: City Commission Meeting — February 10, 2022
Proposed Settlement — Ramon Antonio Castro-Tellez vs. City of Miami,
pending in the Circuit Court for the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida
Case No.: 18-14440 CA 01
File No.: 11394
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Ramon Antonio Castro-Tellez against the City of Miami in the amount of
$52,000.00, in the matter of Ramon Antonio Castro-Tellez vs. City of Miami, pending in
the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
Case No. 18-14440 CA 01.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. 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-22-0041
File Number: 11394 Final Action Date:2/10/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY RAMON ANTONIO CASTRO-TELLEZ, WITHOUT ADMISSION
OF LIABILITY, THE TOTAL SUM OF $52,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS
FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS
OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED RAMON ANTONIO
CASTRO-TELLEZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
CASE NO. 18-04440 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; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, on June 14, 2017, Ramon Antonio Castro-Tellez ("Castro-Tellez") was
involved in a motor vehicle accident at the intersection of Southwest 91" Avenue and Southwest
1 st Street that resulted in alleged personal injuries to Castro-Tellez; and
WHEREAS, Castro-Tellez 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.:
18-04440 CA 01 concerning a claim of negligence; and
WHEREAS, Castro-Tellez has made claims against the City for his 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 $52,000.00, 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 Castro-Tellez, without
admission of liability, the total sum of $52,000.00 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 Ramon Antonio Castro-Tellez vs. City of Miami,
pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No. 18-04440 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.
Section 3. Funds to be 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
i ria i : ndez, Cify Attor iey 1/2512022
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.