HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: February 14, 2019
RE: Proposed Settlement for City Commission Meeting — February 14, 2019
Melanie Williams & Dwain Sanders vs. City of Miami, Case No.: 17-23319
CA 23, pending in the Circuit Court of the 11 t" Judicial Circuit in and for
Miami -Dade County, Florida
File No.: 5436
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami, in the amount of one hundred fifty-five thousand
dollars ($155,000.00).
This action was brought by the law firm of SteinLaw, P.A. on behalf of Melanie
Williams and Dwain Sanders for alleged negligence by a City of Miami police officer
involved a motor vehicle accident.
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. 50001.301001.545011.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Miriam Arcia, Agenda Coordinator
VM/BLM/JTM
City of Miami
Legislation
Resolution
Enactment Number: R-19-0056
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5436 Final Action Date:2/14/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY MELANIE WILLIAMS, DWAIN SANDERS, AND THEIR
ATTORNEYS, STEINLAW, P.A., WITHOUT ADMISSION OF LIABILITY, THE
AGGREGATE TOTAL SUM OF ONE HUNDRED FIFTY-FIVE THOUSAND DOLLARS
($155,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE
CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE
CASE STYLED MELANIE WILLIAMS & DWAIN SANDERS VS. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 17-23319 CA 23, 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.
50001.301001.545011.0000.00000.
WHEREAS, Melanie Williams, Dwain Sanders, and the City of Miami ("City") are
engaged in litigation in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No.: 17-23319 CA 23, concerning a negligence claim; and
WHEREAS, the City Attorney's Office has investigated the 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
hundred fifty-five thousand dollars ($155,000.00), including any claims 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 one hundred fifty-five thousand dollars ($155,000.00) for full and
complete settlement of any and all claims and demands, including any claims for attorney's
fees, against the City, its agents, officers, and employees in the case styled Melanie Williams &
Dwain Sanders vs. City of Miami pending in the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No.: 17-23319 CA 23, upon the execution of general releases of all
claims and demands, satisfaction of judgment, and a dismissal of the City and all individual City
employee defendants, with prejudice, with funds allocated from Account No.
50001.301001.545011.0000.00000.
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 2/5/2019
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.