HomeMy WebLinkAboutR-23-0185
City of Miami
City Hall
3500 Pan American Drive
Resolution R-23-0185
Miami, FL 33133
www.miamigov.com
Legislation
File Number: 13609 Final Action Date: 4/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY MAGALY PEREZ, WITHOUT ADMISSION
OF LIABILITY, THE TOTAL SUM OF $35,000.00 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 MAGALY PEREZ VS. CITY OF MIAMI, PENDING IN THE
CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2020- 13749- 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. 50001.301001.545013.0000.00000.
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fall accident on the sidewalk located on Southwest 7 Street between 48 and 49 Avenue,
Miami, Florida, which resulted in alleged personal injuries to Perez; and
Court for the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Case No.: 2020-
13749- CA- 01 concerning a claim of negligence; and
WHEREAS, Perez 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
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.
1
Section 2. The Director of Finance is authorized to pay Perez, without admission of
liability, the total sum of $35,000.00 in full and complete settlement of any and all claims and
, agents, and
employees in the case styled Magaly Perez vs. City of Miami, pending in the Circuit Court for
1
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.
City of Miami Page 1 of 2 File ID: 13609 (Revision: ) Printed On: 5/4/2023
File ID: 13609 Enactment Number: R-23-0185
the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Case No.: 2020- 13749-
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.
50001.301001.545013.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 2 of 2 File ID: 13609 (Revision: ) Printed on: 5/4/2023