Loading...
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 23, 2023 RE: City Commission Meeting — February 23, 2023 Proposed Settlement — Tameca Williams v. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida Case No.: 2020-027399 CA 01 File No.: 13441 The proposed Resolution seeks authorization for the settlement of the pending lawsuit filed by Tameca Williams against the City of Miami in the amount of $115,000.00, in the matter of Tameca Williams v. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2020-027399 CA 01. 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 VM/LKW City of Miami City Hall t 3500 Pan American Drive _. Legislation Miami, FL 33133 � .p�� a -� �, Resolution www.miamigov.com Enactment Number: R-23-0091 File Number: 13441 Final Action Date:2/23/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TAMECA WILLIAMS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $115,000.00 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 TAMECA WILLIAMS V. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 2020-027399 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. 50001.301001.545013.0000.00000. WHEREAS, on February 3, 2020, Tameca Williams ("Williams") was involved in a trip and fall accident while traveling westbound on Northwest 17th Street from 2nd Court to 3rd Avenue, which resulted in alleged personal injuries to Williams; and WHEREAS, Williams 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.: 2020- 027399 CA 01 concerning a claim of negligence; and WHEREAS, Williams 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 $115,000.00, including any 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 Williams, without admission of liability, the total sum of $115,000.00 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 Tameca Williams v. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2020-027399 CA ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 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. Section 3. Funds to be allocated from Account No. 50001.301001.545013.0000.00000 Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, ity Attor iey 2/1312023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.