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 klifrs,t2z-
DATE: September 26, 2024
RE: City Commission Meeting — September 26, 2024
Proposed Settlement — Helvin Alejandro Delgado v. City of Miami, pending
in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida.
Case No.: 2023-6874-CA 01
File No.: 16528
The attached proposed resolution seeks authorization for the settlement of the
pending lawsuit of Helvin Alejandro Delgado against the City of Miami in the amount of
$60,000.00, in the matter of Helvin Alejandro Delgado v. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
Case No. 2023-6874-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 Account No. 50001.301001.545011.0000.00000.
Attachment(s)
cc: Art Noriega, City Manager
Miriam M. Santana, Agenda Coordinator
GW/KV
City of Miami
Legislation
Resolution
Enactment Number: R-24-0369
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16528 Final Action Date:9/26/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY HELVIN ALEJANDRO DELGADO, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF $60,000.00 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
HELVIN ALEJANDRO DELGADO VS. CITY OF MIAMI, PENDING IN THE CIRCUIT
COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO.: 2023-6874-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 July 8, 2022, Helvin Alejandro Delgado ("Delgado"), was involved in a
motor vehicle accident with a vehicle being driven by officer Tyron Watson of the Miami Police
Department at or near the southbound ramp to merge onto Interstate 95 ("1-95") from the Ives
Dairy Road entrance in Miami Florida, which resulted in alleged personal injuries to Delgado;
and
WHEREAS, Delgado 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.: 2023-
6874-CA 01 concerning a claim of negligence; and
WHEREAS, Delgado 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 $60,000.00, including the claims for attorneys' fees, with $60,000.00 to be paid to Delgado;
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 Delgado, without admission of
liability, the total sum of $60,000.00 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 Helvin Alejandro Delgado vs. City of Miami, pending in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2023-
6874-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:
ng III, C y ttor -y 9/9/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
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.