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HomeMy WebLinkAboutR-24-0041City of Miami Resolution R-24-0041 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15373 Final Action Date: 1/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARIA CORONA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $95,000.00 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 MARIA CORONA VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 22-014746 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 June 9, 2022, Maria Corona ("Corona") tripped and fell over broken, uneven, and raised brick pavers located on the sidewalk in front of 1498 Northeast 2nd Ave, Miami, Florida, which resulted in permanent injuries to Corona; and WHEREAS, Corona 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.: 22- 014746 CA 01, concerning a claim of negligence; and WHEREAS, Corona has made claims against the City for their 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 $95,000.00, including the claims for attorneys' fees, with $95,000.00 to be paid to Corona; 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 Corona, without admission of liability, the total sum of $95,000.00 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 , Maria Corona vs. City of Miami, pending in the Circuit Court for 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. City of Miami Page 1 of 2 File ID: 15373 (Revision:) Printed On: 2/1/2024 File ID: 15373 Enactment Number: R-24-0041 the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 22-014746 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. Section 3. Funds to be allocated from Account No. 50001.301001.545013.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 1/1672024 City of Miami Page 2 of 2 File ID: 15373 (Revision:) Printed on: 2/1/2024