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: February 23, 2023 (�
RE: City Commission Meeting — February 23, 2023
Proposed Settlement — Pura Medina, et al. vs. City of Miami, et al.
pending in the Circuit Court for the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida
Case No.: 17-013884 CA 01
File No.: 13363
The proposed resolution seeks authorization for the settlement of the pending
claims in the lawsuit of Pura Medina against the City of Miami in the amount of
$135,000.00, in the matter of Pura Medina and Octavio Betancourt vs. City of Miami
and Gabriel Baruh Fresco, pending in the Circuit Court for the Eleventh Judicial Circuit
in and for Miami -Dade County, Florida, Case No. 17-013884 CA 01.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/LMA
,VV Op
H City of Miami City Hall
3500 Pan American Drive
* INCOAl1AAiE1* Legislation 111 ��Miami, FL 33133
° R www.miamigov.com
Resolution
Enactment Number: R-23-0090
File Number: 13363 Final Action Date:2/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY PURA MEDINA, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $135,000.00 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 PURA MEDINA, ET AL. VS. CITY
OF MIAMI, ET AL., PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 17-
013884 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. 50001.301001.545011.0000.00000.
WHEREAS, on June 12, 2013, Pura Medina ("Medina"), was the driver of a motor
vehicle involved in a vehicular accident at or near the intersection of Northwest 271" Avenue and
Southwest 101" Street which resulted in alleged personal injuries to Medina; and
WHEREAS, Medina 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.: 17-
013884 CA 01 concerning a claim of negligence; and
WHEREAS, Medina 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 $135,000.00, including the claims for attorneys' fees, with $135,000.00 to be paid to Medina;
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 Medina, without admission of
liability, the total sum of $135,000.00 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 Pura Medina, et al. vs. City of Miami, et al., pending in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 17-
013884 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.
50001.301001.545011.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
JiA ia nndeez,CCiity xttor ey 211t2023
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.