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` 0114.,720
DATE: June 18, 2024
RE: Proposed Settlement — City Commission Meeting — June 13, 2024
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
File No.: 16066
The proposed Resolution seeks authorization for the settlement of the pending
lawsuit of Francisco L. Lopez Perez against the City of Miami in the amount of
$175,000.00, in the matter of Francisco L. Lopez Perez vs. City of Miami and Lazaro de
Jesus Mojena, pending in the Circuit Court for the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Case No.: 23-7804 CA 27.
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 General Liability Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
City of Miami
Legislation
Resolution
Enactment Number: R-24-0217
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.
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
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.
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:
9 . WYng III, C Y�ttr 5/28/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.