HomeMy WebLinkAboutR-03-0430J-03-354
04/16/03
RESOLUTION NO. 03- 430
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ARNIKA PEREZ THE SUM OF $50,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CASE OF ARNIKA PEREZ VS. CITY OF MIAMI, ET
AL., IN THE CIRCUIT COURT OF MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 00-02587 CA (13),
UPON EXECUTING A RELEASE FOR THE CITY OF
MIAMI, ITS PRESENT AND FORMER OFFICERS,
AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS
AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 515001.624401.6.651.
WHEREAS, Arnika Perez filed a claim and lawsuit against the
City of Miami, in Miami -Dade Circuit Court Case No: 00-02587 CA
(13), on behalf of her deceased husband and his surviving minor
child, for his death arising out of a January 7, 1999 automobile
accident; and
WHEREAS, the above claim and lawsuit have been investigated
by the City Attorney's Office pursuant to 18-232 of the Code of
the City of Miami, Florida, as amended, which created the City of
Miami's Self -Insurance and Insurance Trust Fund and said Office
recommends that the claim and lawsuit be settled for the sum of
$50,000;
CITY COMMISSION
MAY 0 n 2003
Resolution No.
03- 430
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 if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay
Arnika Perez the sum of $50,000 in full and complete settlement
of any and all claims and demands against the City of Miami, for
the case of Arnika Perez vs. City of Miami, in Miami -Dade Circuit
Court Case No: 00-02587 CA (13), upon executing a release for the
City of Miami, its present and former officers, agents and
employees from any and all claims and demands, with funds
allocated from the Self -Insurance and Insurance Trust Fund, Index
Code No. 515001.624401.6.651.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
11 If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 2 of 3
03- 430
b
PASSED AND ADOPTED this 8th
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
day of May , 2003.
APPROVED AS 26/FORM AND CORRECTNESS
ATTORNEY
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Page 3 of 3 03- 430
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and MembXs ofthe City Commission
FROM: Alejandro VXarely, City Attorney
DATE: April 16,
CA -24
RE: Proposed Settlement -City Commission Agenda -April 24, 2003
CASE NO.: 00-02587 CA (13)
Claim No.: 017/GL/200056 (J-03-354)
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami in the above -referenced case, in the amount of $50,000.
The plaintiff, Arnika Perez, is the surviving spouse of Enrique Perez, a 24 -year-old man
who died as a result of injuries sustained in a January 7, 1999 car accident. Mrs. Perez filed the
lawsuit as personal representative of Mr. Perez's estate, and as the parent of Mr. Perez's
surviving minor child. The plaintiffs lawsuit alleged that the City was negligent in allowing
overgrown trees to obscure two stop signs on S.W. 6th Avenue. The trees were planted on private
property but grew into the public right-of-way, which was maintained by the City. The plaintiff
sued Miami -Dade County and the private property owner in addition to the City of Miami. Mr.
Perez's car failed to come to a complete stop at the intersection of S.W. 1St Street and 6th Avenue,
and two other vehicles struck his vehicle. He was ejected from his vehicle and remained in a
coma until his death almost one year later.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $50,000 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
Attachment
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
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03- 430