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: November 16, 2023
RE: City Commission Meeting — November 16, 2023
Proposed Settlement — Nestor Campaneria, by and through his legal guardian,
Ana Campaneria v. City of Miami, pending in the Circuit Court for the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida.
Case No.: 2021-025211 CA 01.
File No.: 14939
The proposed Resolution seeks authorization for the settlement of the pending
lawsuit of Nestor Campaneria, by and through his legal guardian, Ana Campaneria
against the City of Miami in the amount of $142,500.00, in the matter of Nestor
Campaneria, by and through his legal guardian, Ana Campaneria v. City of Miami,
pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No. 2021-025211 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. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/LMA
City of Miami
Legislation
Resolution
Enactment Number: R-23-0494
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14939 Final Action Date:11/16/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY NESTOR CAMPANERIA, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF $142,500.00 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
NESTOR CAMPANERIA, BY AND THROUGH HIS LEGAL GUARDIAN, ANA
CAMPANERIA VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
CASE NO.: 2021-025211 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 December 30, 2019, Nestor Campaneria ("Campaneria"), was involved
in a motor vehicle accident at or near the intersection of Northwest 7th Avenue and 6th Street
which resulted in alleged personal injuries to Campaneria; and
WHEREAS, Campaneria 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.:
2021-025211 CA 01 concerning a claim of negligence; and
WHEREAS, Campaneria has made claims against the City for his 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 $142,500.00, including the claims for attorneys' fees, with $142,500.00 to be paid to
Campaneria;
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 Campaneria, without admission
of liability, the total sum of $142,500.00 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 Nestor Campaneria, by and through his legal guardian, Ana
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.
Campaneria vs. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in
and for Miami -Dade County, Florida, Case No.: 2021-025211 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:
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.