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: July 27, 2023
RE: City Commission Meeting — July 27, 2023
Proposed Settlement — Daisy Sealy v. City of Miami, pending in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No.: 2021-25337 CA 01.
File No.: 14240
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Daisy Sealy against the City of Miami in the amount of $135,000.00, in the
matter of Daisy Sealy v. City of Miami, pending in the Circuit Court for the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2021-25337 CA 01.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the General Liability Account No. 50001.301001.545011.0000.00000.
Attachment(s)
cc.
VM/LMA
q {Y City of Miami City Hall
3500 Pan American Drive
- Legislation Miami, FL 33133
8.,t.`$ Resolution www.miamigov.com
Enactment Number: R-23-0327
File Number: 14240 Final Action Date:7/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY DAISY SEALY, 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 DAISY SEALY VS. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2021-25337 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 November 18, 2019, Daisy Sealy ("Sealy"), was involved in a motor
vehicle accident at or near the intersection of Northeast Bayshore Court and 81 st Street which
resulted in alleged personal injuries to Sealy; and
WHEREAS, Sealy 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.: 2021-
25337 CA 01 concerning a claim of negligence; and
WHEREAS, Sealy 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 Sealy;
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 Sealy, 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 Daisy Sealy vs. City of Miami, pending in the Circuit Court for the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2021-25337 CA 01,
upon the execution of a general release of all claims and demands brought for negligence
' 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.
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 ria i : nde` z, Ci[y Attor iey 7/1112023
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.