HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamlgov,com
File Number: 15-00547
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTO.R OF FINANCE TO PAY LYNN CONE, AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF LYNN WEATHERSPOON, AND ON BEHALF OF LYNN CONE,
MARY WEATHERSPOON, ERIN WEATHERSPOON AND LYNTRELL
WEATHERSPOON, AS SURVIVORS, WITHOUTADMISSION OF LIABILITY, THE
AGGREGATE TOTAL SUM OF $350,000.00 TO THE PLAINTIFF IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI,
ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED LYNN CONE,
ET, AL. VS. CITY OF MIAMI, ET. AL., PENDING IN THE UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.:
13-24674-CIV-RLR, UPON THE EXECUTION OF GENERAL RELEASES OF ALL
CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND
OFFICER MAURICE SODRE WITH PREJUDICE; ALLOCATING FUNDS FROM
ACCOUNT NO. 00001.980000.531010,0000,00000.
WHEREAS, Lynn Cone and the City of Miami are engaged in litigation in the United States
District Court Southern District of Florida, Case No.: 13-24674-CIV-RLR, concerning a wrongful death
claim brought under state and federal law; 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 lump sum of $350,000,00, including the
claim for attorney's fees;
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 Lynn Cone, as personal representative
of the. Estate of Lynn Weatherspoon, and on behalf of Lynn Cone, Mary Weatherspoon, Erin
Weatherspoon and Lyntrell Weatherspoon, as survivors, without admission of liability, the aggregate
total sum of $350,000.00 for full and complete settlement of any and all claims and demands, including
all claims for attorney's fees, against the City of Miami, its agents, officers and employees, in the case
styled as Lynn Cone, et. al. vs. City of Miami, et, al., pending in the United States District Court
Southern District of Florida, Case No.. 13-24674-CIV-RLR, upon the execution of general releases of
all claims and demands, and a dismissal of the City of Miami and all individual City employee
defendants, with prejudice, with funds allocated from Account No, 00001.980000,531010,0000.00000,
Section 3, This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
City of Miami Page 1 of 2
File Id: 1540S47 (Version: 1) Printed On:5/i4/2015
File Number: 15-00547
APP OVED AS TO FORM AND OrRECTNESS:rm
VICTORIA MENDEZ
CITY ATTORNEY
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{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 15-00547 (Version: 1) Printed On: 5/14/20.15