HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney _; c—)
DATE: January 11, 2024
RE: City Commission Meeting — January 11, 2024,
Proposed Settlement- Lynda F. Brewer vs. City of Miami, pending in the
Circuit Court
for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida.
Case No.: 2020-025737 CA 01
File No. 14964
The proposed resolution seeks authorization for settlement of the pending lawsuit
styled Lynda F. Brewer, vs. City of Miami in the Circuit Court for the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, Case No. 20-025737 CA 01 (10) for
$40,000.00.
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 Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/JPO
Attachment(s)
14964 Back -Up Documents
City of Miami
Legislation
Resolution
Enactment Number: R-24-0007
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14964 Final Action Date:1/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY LYNDA F. BREWER, WITHOUT ADMISSION OF LIABILITY,
THE TOTAL SUM OF $40,000.00 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 LYNDA F. BREWER
VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20-
025737 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.
WHEREAS, on March 23, 3019, Lynda F. Brewer ("Brewer"), was involved in a trip and
fall accident on the sidewalk located at Southwest 33rd Avenue and Coral Way, Miami, Florida,
which resulted in personal injuries to Brewer; and
WHEREAS, Brewer 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.: 20-
025737 CA 01 concerning a claim of negligence; and
WHEREAS, Brewer 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 $40,000.00, 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 authorized' to pay Brewer, without admission of
liability, the total sum of $40,000.00 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 Lynda F. Brewer vs. City of Miami, pending in the Circuit Court for
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-025737 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:
ndez, City ,ttor ey 1/2/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.