HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney` X
DATE: April 25, 2024
RE: City Commission Meeting — April 25, 2024
Proposed Settlement — Bryan Rosales vs. City of Miami pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida
Case No.: 20-008752-CA-01
File No.: 15885
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Bryan Rosales against the City of Miami in the amount of $175,000.00, in the
matter of Bryan Rosales vs. City of Miami, pending in the Circuit Court for the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-008752 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 Vehicle Liability Account No. 50001.301001.545011.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/AC
City of Miami
Legislation
Resolution
Enactment Number: R-24-0155
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15885 Final Action Date:4/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY BRYAN ROSALES, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $175,000.00 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 BRYAN ROSALES VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20-008752CA
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 September 16, 2019, Bryan Rosales ("Rosales"), a minor at the time of
this incident, was operating a bicycle travelling from west to east, on or near the intersection of
Northwest 12th Avenue and Northwest 36th Street in Miami, Florida, at which time he was
struck by Sgt. Travis Lindsey, which resulted in permanent injuries to Rosales, including several
surgeries; and
WHEREAS, Rosales 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-
008752CA 01, concerning a claim of negligence; and
WHEREAS, Rosales 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 $175,000.00, including the claims for attorneys' fees, with $175,000.00 to be paid to Rosales;
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 Rosales, 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, Bryan Rosales 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.
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-008752CA
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. 50001.301001.545011.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y tor -y 4/12/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.