HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: June 28, 2018
RE: Proposed Settlement for City Commission Meeting — June 28, 2018
Terre Larsen v. City of Miami, et al.
Case No. 15-027535 CA 01 (11)
File No 3972
The attached proposed Resolution seeks authorization for settlement of all claims
against the City of Miami ("City"), in the amount of $52,000.00.
This is action was brought by the law firm Freidin Brown, P.A., Joel H. Brown, Esq. on
behalf of Terre Larsen for personal injuries.
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
Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez , City Manager
Anna Medina, Agenda Coordinator
VM/BLM/DAH/mg
Attachment(s)
3972 Back -Up from Law Dept
City of Miami
Legislation
Resolution
Enactment Number: R-18-0262
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3972 Final Action Date:6/28/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TERRE LARSEN THE TOTAL SUM OF $52,000.00, WITHOUT
ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE OF TERRE LARSEN V. CITY OF MIAMI, ET AL.,
PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.
15-027535 CA 01 (11), UPON THE EXECUTION OF A GENERAL RELEASE OF ALL
CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANT WITH
PREJUDICE; ALLOCATING SETTLEMENT FUNDS FROM ACCOUNT NO.
50001.301001.545013.0000.00000.
WHEREAS, Terre Larsen filed a claim and a lawsuit against the City of Miami ("City") in
the Circuit Court in and for Miami -Dade County, Case No. 15-027535 CA 01 (11), arising from a
personal injury claim; and
WHEREAS, the City Attorney's Office has investigated the claim and lawsuit pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claim and lawsuit be settled for the sum of $52,000.00;
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 Terre Larsen the total sum of
$52,000.00 in full and complete settlement of any and all claims and demands against the City,
its officers, agents, and employees in the case of Terre Larsen v. City of Miami, et al., pending
in the Circuit Court in and for Miami -Dade County, Case No. 15-027535 CA 0 (11), upon
executing a general release of the City, its officers, agents, and employees from any and all
claims and demands with funds allocated from Account No. 50001.301001.545013.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited, to those prescribed by applicable City Charter and City Code
provisions.
2 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.
APPROVED AS TO FORM AND CORRECTNESS: