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HomeMy WebLinkAboutR-23-0421City of Miami Resolution R-23-0421 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14378 Final Action Date: 9/28/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ELICAIRE CADET, 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 ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED ELICAIRE CADET VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20-001883 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. 50001.301001.545010.0000.00000. WHEREAS, on July 20, 20219, Elicaire Cadet ("Cadet"), was involved in motor vehicle accident with a City of Miami ("City") Police Officer, at or near 150 Northeast 79th Street, Miami, Florida, which resulted in alleged personal injuries to Cadet; and WHEREAS, Cadet and the City are engaged in litigation in the Circuit 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, Cadet 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 Cadet; 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 Cadet, 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 Elicaire Cadet 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 City of Miami Page 1 of 2 File ID: 14378 (Revision:) Printed On: 10/11/2023 File ID: 14378 Enactment Number: R-23-0421 pending in state court and a dismissal of the City and its officers, agents, and employees with prejudice, with funds allocated from Account No. 50001.301001.545010.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: nd" ei[y Httor ey 9/18/2023 City of Miami Page 2 of 2 File ID: 14378 (Revision:) Printed on: 10/11/2023