HomeMy WebLinkAboutR-16-0112City of Miami
Legislation
Resolution: R-16-0112
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00255 Final Action Date: 3/11/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY CATHLYN ANN POZDOL, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF DREW RANDOLPH POZDOL, AND ON
BEHALF OF THE ESTATE OF DREW RANDOLPH POZDOL, WITHOUT
ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF ONE MILLION FIVE
HUNDRED DOLLARS ($1,500,000.00) IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR
ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS
AND EMPLOYEES, AND RAFAEL BORROTO, IN THE CASE STYLED CATHLYN
ANN POZDOL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DREW
RANDOLPH POZDOL VS. CITY OF MIAMI, TOMAS REGALADO, MIGUELA.
EXPOSITO, AND RAFAEL BORROTO, PENDING IN THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.:
13-22167-CIV-KING, UPON THE EXECUTION OF GENERAL RELEASES OF ALL
CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ITS
OFFICERS, AGENTS AND EMPLOYEES, AND RAFAEL BORROTO, WITH
PREJUDICE; ALLOCATING FUNDS FROM THE INTERNAL SERVICE FUND.
WHEREAS, Cathlyn Ann Pozdol, as Personal Representative of the Estate of Drew Randolph
Pozdol, and the City of Miami ("City") are engaged in litigation styled Cathlyn Ann Pozdol, as Personal
Representative of the Estate of Drew Randolph Pozdol vs. City of Miami, Tomas Regalado, Miguel A.
Exposito, and Rafael Borroto, pending in the United States District Court for the Southern District of
Florida, Case No.: 13-22167-Civ-King, concerning a wrongful death claim; and
WHEREAS, the Office of the City Attorney 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 one million five hundred
thousand dollars ($1,500,000.00), 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 if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Cathlyn Ann Pozdol, as Personal
Representative of the Estate of Drew Randolph Pozdol, and on behalf of the Estate of Drew
Randolph Pozdol, without admission of liability, the aggregate total sum of one million five hundred
dollars ($1,500,000.00) in full and complete settlement of any and all claims and demands, including
all claims for attorney's fees, against the City of Miami and its officers, agents and employees, and
Rafael Borroto, in the case styled Cathlyn Ann Pozdol, as Personal Representative of the Estate of
Drew Randolph Pozdol vs. City of Miami, Tomas Regalado, Miguel A. Exposito, and Rafael Borroto,
City of Miami
Page 1 of 2 File Id: 16-00255 (Version: 1) Printed On: 4/25/2018
File Number: 16-00255 Enactment Number: R-16-0112
pending in the United States District Court for the Southern District of Florida, Case No.: 13-
22167-Civ-King, upon the execution of general releases of all claims and demands, and a dismissal
of the City of Miami and its officers, agents and employees, and Rafael Borroto, with prejudice,
allocating said funds from the Internal Service Fund.
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 (10) 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: 16-00255 (Version: 1) Printed On: 4/25/2018