HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney ,� a
DATE: March 23, 2023
RE: City Commission Meeting — March 9, 2023
Proposed Settlement — Anette Eugenia Ramirez v. City of Miami, pending
in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida.
Case No.: 21-17533 CA 01
File No.: 13595
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Anette Eugenia Ramirez against the City of Miami in the amount of
$65,000.00, in the matter of Anette Eugenia Ramirez v. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
Case No. 21-17533 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. 50001.301001.54501 1.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/LMA
City of Miami
City Hall
Legislation
3500 Pan American Drive
Miami, FL 33133
.p__R. ,•
Resolution
www.miamigov.com
Enactment Number: R-23-0143
File Number: 13595
Final Action Date:3/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ANETTE EUGENIA RAMIREZ, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF $65,000.00 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
ANETTE EUGENIA RAMIREZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT
COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO.: 21-17533 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 4, 2020, Anette Eugenia Ramirez ("Ramirez"), was involved in a
motor vehicle accident at or near the intersection of Southwest 171" Avenue and Southwest 161n
Street which resulted in alleged personal injuries to Ramirez; and
WHEREAS, Ramirez 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.: 21-
17533 CA 01, concerning a claim of negligence; and
WHEREAS, Ramirez 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 $65,000.00, including the claims for attorneys' fees, with $65,000.00 to be paid to Ramirez;
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 Ramirez, without admission of
liability, the total sum of $65,000.00 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 Anette Eugenia Ramirez vs. City of Miami, pending in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 21-
17533 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:
1
i , na4indez, C ity Attor i ey 3/712023
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.