HomeMy WebLinkAboutR-24-0217City of Miami
Resolution R-24-0217
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16066 Final Action Date: 6/18/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY FRANCISCO L. LOPEZ PEREZ, 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 FRANCISCO L. LOPEZ PEREZ VS. CITY OF
MIAMI, ET AL., PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO.: 23-7804 CA 27, 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 October 12, 2022, Francisco L. Lopez Perez ("Plaintiff") was a
pedestrian crossing the street when he was struck by a F250 truck driven by a City of Miami
("City") public works employee at the intersection of Northwest 23rd Street and Northwest 14th
Avenue, Miami, Florida, which resulted in permanent injuries to Plaintiff; and
WHEREAS, Plaintiff 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.: 23-
7804 CA 27 concerning a claim of negligence; and
WHEREAS, Plaintiff has made claims against the City for their personal injuries, loss of
income; 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 Plaintiff;
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.
City of Miami Page 1 of 2 File ID: 16066 (Revision:) Printed On: 6/24/2024
File ID: 16066 Enactment Number: R-24-0217
Section 2. The Director of Finance is authorized' to pay Francisco L. Lopez Perez,
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 and its
officers, agents, and employees in the case styled , Francisco L. Lopez Perez vs. City of Miami,
pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No.: 23-7804 CA 27, 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:
ge Wy j ng III, C1ty`ttor -y 5/28/2024
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 2 of 2 File ID: 16066 (Revision:) Printed on: 6/24/2024