HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: January 10, 2019
RE: Proposed Settlement for City Commission Meeting — January 10, 2019
Jesus Murgado vs. City of Miami, Case No.: 16-199559 CA 15, pending in
the Miami -Dade County Circuit Court, Miami, Florida.
File No.: 5260
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami, in the amount of forty-seven thousand, five hundred
dollars ($47,500.00).
This is action was brought by the law firm Corona Law Firm on behalf of Jesus
Murgado for an alleged trip and fall incident that occurred at the Dinner Key Seminole
Boat Ramp in Coconut Grove, Florida.
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. 50001.301001.545013.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Miriam Arcia, Agenda Coordinator
VM/BLM/CHG/vja
City of Miami
Legislation
Resolution
Enactment Number: R-19-0008
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5260 Final Action Date:1/10/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY JESUS MURGADO AND HIS ATTORNEYS, CORONA LAW
FIRM, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF
FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($47,500.00) IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING
ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI ("CITY") AND
ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED JESUS
MURGADO VS. CITY OF MIAMI, PENDING IN THE MIAMI-DADE COUNTY CIRCUIT
COURT, CASE NO.: 16-19959 CA 15, UPON THE EXECUTION OF GENERAL
RELEASES AND SATISFACTIONS OF JUDGMENT AS TO ALL CLAIMS AND
DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING
FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000.
WHEREAS, Jesus Murgado and the City of Miami ("City") are engaged in litigation in
Miami -Dade County Circuit Court, Miami, Florida, Case No.: 16-19959 CA 15, concerning a trip
and fall accident which allegedly occurred at the Dinner Key Seminole Boat Ramp in Coconut
Grove, Florida; 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 forty-
seven thousand five hundred dollars ($47,500.00) 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, without admission of liability,
the aggregate total sum of forty-seven thousand five hundred dollars ($47,500.00) for full and
complete settlement of any and all claims and demands, including attorney's fees, against the
City, its agents, officers, and employees in the case styled Jesus Murgado vs. City of Miami,
pending in the Miami -Dade County Circuit Court, Miami, Florida, Case No. 16-19959 CA 15,
upon the execution of general releases of all claims and demands, satisfactions of judgment,
and a dismissal of the City and all individual City employee defendants, with prejudice, with
funds allocated from Account No. 50001.301001.545013.0000.00000.
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.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 12/26/2018
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.