HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney3A_
DATE: October 26, 2023
RE: City Commission Meeting — October 26, 2023
Proposed Settlement — Leonardo Guzman vs. City of Miami, pending in
the Eleventh Judicial Circuit Court in and for Miami -Dade County, Florida
Case No.: 20-012158-CA
File No.: 14413
The proposed Resolution seeks authorization for the settlement of the pending
lawsuit of Leonardo Guzman against the City of Miami, in the amount of $165,000.00, in
the matter of Leonardo Guzman vs. City of Miami, pending in the Eleventh Judicial
Circuit Court in and for Miami -Dade County, Florida.
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/BLM/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-23-0477
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14413 Final Action Date:10/26/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY LEONARDO GUZMAN, WITHOUT ADMISSION OF LIABILITY,
THE TOTAL SUM OF $165,000.00 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 LEONARDO GUZMAN VS. CITY OF MIAMI,
PENDING IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE
COUNTY FLORIDA, CASE NO. 20-012158-CA, 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, ITS
OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS
FROM ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, on September 3, 2019, Leonardo Guzman ("Guzman") was involved in a
motor vehicle accident involving a City of Miami Police vehicle that resulted in alleged personal
injuries to Guzman; and
WHEREAS, Guzman and the City of Miami ("City") are engaged in litigation in Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-012158-CA, concerning
claims for alleged personal injuries sustained related to a motor vehicle accident involving a City
Police vehicle; 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 $165,000.00, including the 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 authorized1 to pay Guzman, without admission of
liability, the total sum of $165,000.00 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 Leonardo Guzman vs. City of Miami, pending in the Eleventh
Judicial Circuit Court in and for Miami -Dade County, Florida, Case No.: 20-012158-CA, upon
the execution of a general release of all claims and demands brought for alleged negligence
and a dismissal of the City and its officers, agents, and employees with prejudice.
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.
Section 3. Funds to be allocated from Account No. 50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ria i ,, ity Attor
1
ey ) 10/10/2023
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.