HomeMy WebLinkAboutR-15-0225City of Miami
Legislation
Resolution: R-15-0225
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00547 Final Action Date: 5/28/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR 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, WITHOUT ADMISSION 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.
City of Miami
Page 1 of 2 File Id: 15-00547 (Version: 11 Printed On: 3/2/2018
File Number: 15-00547 Enactment Number: R-15-0225
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
Footnotes:
{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: 11 Printed On: 3/2/2018