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: September 13, 2022
RE: City Commission Meeting — September 8, 2022
Proposed Settlement — Edalys Rojas Bonilla vs. City of Miami, pending in
the Eleventh Judicial Circuit Court in and for Miami -Dade County, Florida
Case No.: 20-018341-CA
File No.: 12058
The attached proposed resolution seeks authorization for the settlement of the
pending lawsuit of Edalys Rojas Bonilla against the City of Miami, in the amount of
$170,000.00, in the matter of Edalys Rojas Bonilla vs. City of Miami, pending in the
Eleventh Judicial Circuit Court in and for Miami -Dade County, Florida.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the General Liability Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
City of Miami
City Hall
Legislation
3500 Pan American Drive
Miami, FL 33133
.p__R. ,•
Resolution
www.miamigov.com
Enactment Number: R-22-0330
File Number: 12058
Final Action Date:9/13/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY EDALYS ROJAS BONILLA, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF $170,000.00 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 EDALYS ROJAS
BONILLA VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT
COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA, CASE NO. 20-018341-CA,
UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND
DEMANDS BROUGHT FOE NEGLIGENCE PENDING IN STATE COURT AND A
DISMISSAL OF THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, on October 10, 2019, Edalys Rojas Bonilla ("Bonilla") was involved in a
motor vehicle accident involving a City of Miami ("City") Police vehicle that resulted in alleged
personal injuries to Bonilla; and
WHEREAS, Bonilla and the City are engaged in litigation in Eleventh Judicial Circuit in
and for Miami -Dade County, Florida, Case No.: 20-018341-CA concerning claims of for alleged
personal injuries sustained related to a motor vehicle accident involving a City Police vehicle;
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 $170,000.00, 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 Bonilla, without admission of
liability, the total sum of $170,000.00 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 Edalys Rojas Bonilla vs. City of Miami, pending in the Eleventh
Judicial Circuit Court in and for Miami -Dade County, Florida, Case No.: 20-018341-CA, upon
the execution of a general release of all claims and demands brought for alleged negligence
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:
ria i dez, ity ttor �ey 8126/202.2
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.