HomeMy WebLinkAboutMemoCITY OF MIAMI CA -5
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney
DATE: January 6, 2009 p'g�"'a "�b
RE: Proposed Resolution for City Commission Meeting — January 15, 2009
Lylliam Garcia vs. City of Miami
Miami -Dade Circuit Court Case No. 06-19648 CA (24)
(File No. 08-01491)
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami in the amount of $45,465.07.
This is action was brought by the law firm of Burke & Horner on behalf of Lylliam S.
Garcia for injuries Mrs. Garcia sustained in a trip -and -fall accident. This case was tried before
the Court on September 15, 2008, upon which a jury verdict was rendered in favor of the
Plaintiff, Lylliam S. Garcia, for the sum of $50,841.79. However, the jury charged 20%
comparative negligence to the Plaintiff, resulting in a net verdict against the City of $40,673.43.
The Plaintiff is also entitled to costs as the prevailing party. The taxable costs of the Plaintiff are
$4,791.64.
The Office of the City Attorney has evaluated the appealable issues relating to the trial of
this cause and recommends that no appeal be taken. The Plaintiff has moved for additur, arguing
that the verdict is inadequate since no damages were awarded for pain and suffering in the past or
in the future. Alternatively, the Plaintiff has moved for a new trial. The settlement requires that
the Plaintiff dismiss the motions for additur and new trial in return for payment of the verdict,
plus taxable costs. If no appeal is taken, a Final Judgment would be entered for the sum of
$45,465.07.
The Office of the City Attorney has investigated and evaluated this case and recommends
that this case be settled on the terms expressed above. Funds in the amount of $45,465.07 are
available from the Self -Insurance and Insurance Trust Fund, Index Code No.
05002.3 01001.515000.0000.00000.
cc: Pedro G. Hernandez, City Manager
Elvi Gallastegui, Agenda Coordinator
Attachment(s)
152152