HomeMy WebLinkAboutCity Attorney MemorandumCITY 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: October 15, 2024
RE: City Commission Meeting — October 10, 2024
Proposed Settlement — Girlyne Pierre-Theoc and Rodnet Theoc, as n/b/f
to J.T. (Minor) vs. City of Miami, pending in the Circuit Court for the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida.
Case No.: 2024-7511-CA 01
File No.: 16552
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Girlyne Pierre-Theoc and Rodnet Theoc, as n/b/f to J.T. (Minor) against the
City of Miami in the amount of $100,000.00, in the matter of Girlyne Pierre-Theoc and
Rodnet Theoc, as n/b/f to J.T. (Minor) v. City of Miami, pending in the Circuit Court for
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2024-
7511-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-24-0396
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16552 Final Action Date:10/15/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY GIRLYNE PIERRE-THEOC, AND RODNET THEOC, AS N/B/F
TO J.T. (A MINOR), WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF
$100,000.00 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.: 2024-7511-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 August 30, 2023, J.T. (a minor), was involved in a motor vehicle versus
pedestrian accident with a vehicle being driven by officer Arsenio Caballero of the City of Miami
Police Department at or near Northwest 68th Terrace and North Miami Avenue, in Miami,
Florida, which resulted in alleged personal injuries to J.T.; and
WHEREAS, Girlyne Pierre-Theoc and Rodnet Theoc, the parents of J.T. 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.: 2024-7511-CA 01, concerning a claim of negligence;
and
WHEREAS, Girlyne Pierre-Theoc and Rodnet Theoc the parents of J.T. has made
claims against the City for J.T.'s 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 $100,000.00, including the claims for attorneys' fees, with $100,000.00 to be paid to Girlyne
Pierre-Theoc and Rodnet Theoc, as n/b/f to J.T.;
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 Girlyne Pierre-Theoc and
Rodnet Theoc, the parents of J.T., without admission of liability, the total sum of $100,000.00 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
Girlyne Pierre-Theoc and Rodnet Theoc, as n/b/f to J.T. (minor) vs. City of Miami, pending in
the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case
No.: 2024-7511-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:
gem. Wyfng III, City ttorjey / 9/27/2024
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.