HomeMy WebLinkAboutR-24-0094City of Miami
Resolution R-24-0094
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15548 Final Action Date: 3/14/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY ANDREW SMOAK, WITHOUT ADMISSION
OF LIABILITY, THE TOTAL SUM OF $75,000.00 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 ANDREW SMOAK VS. CITY OF MIAMI AND STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY, PENDING IN THE CIRCUIT
COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO.: 2021-10714 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 March 7, 2019, Andrew Smoak ("Smoak") was involved in a pedestrian
motor vehicle accident at or near the intersection of Southwest 32nd Avenue and Oak Avenue
which resulted in alleged personal injuries to Smoak; and
WHEREAS, Smoak 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-
10714 CA 01 concerning a claim of negligence; and
WHEREAS, Smoak 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 $75,000.00, including the claims for attorneys' fees, with $75,000.00 to be paid to Smoak;
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 Smoak, without admission of
liability, the total sum of $75,000.00 in full and complete settlement of any and all claims and
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: 15548 (Revision:) Printed On: 3/25/2024
File ID: 15548 Enactment Number: R-24-0094
demands, including all claims for attorneys' fees, against the City and its officers, agents, and
employees in the case styled Andrew Smoak vs. City of Miami and State Farm Mutual
Automobile Insurance Company, pending in the Circuit Court for the Eleventh Judicial Circuit in
and for Miami -Dade County, Florida, Case No.: 2021-10714 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:
ndez, ity Attor
ey 2/27/2024
City of Miami Page 2 of 2 File ID: 15548 (Revision:) Printed on: 3/25/2024