HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: December 12, 2019
RE: Proposed Settlement for City Commission Meeting — December 12, 2019
Daimy Bueno, as personal representative of the Estate of Ramon Bueno
v. City of Miami
Case No. 19-17784 CA 05
File No. 6730
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami, in the amount of two hundred thousand dollars
($200,000.00).
This action was brought by the law firm of Rick Freedman & Associates, P.A. on
behalf of the Daimy Bueno, as personal representative of the Estate of Ramon Bueno,
for alleged negligence resulting in death of Ramon Bueno.
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. 00001.980000.531010.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/CAG/vja
City of Miami
Legislation
Resolution
Enactment Number: R-19-0490
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6730 Final Action Date:12/12/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY DAIMY BUENO, AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF RAMON BUENO, WITHOUT ADMISSION OF LIABILITY, THE
AGGREGATE TOTAL SUM OF TWO HUNDRED THOUSAND DOLLARS
($200,000.00), IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CASE OF DAIMY BUENO,
AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RAMON BUENO VS. CITY
OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY,
CASE NO. 19-17784 CA 05, UPON THE EXECUTION OF A GENERAL RELEASE OF
ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANT WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
00001.980000.531010.0000.00000.
WHEREAS, Daimy Bueno, as Personal Representative of the Estate of Ramon Bueno,
has asserted a wrongful death claim against the City of Miami ("City") arising out of a motor
vehicle accident which occurred June 17, 2017 in the area of Southwest 12th Avenue and 7th
Street, Miami, Florida; and
WHEREAS, the City Attorney's Office has investigated the claim and pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended,
recommends that said claim be settled for the lump sum of two hundred thousand dollars
($200,000.00), including any claim for attorneys 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 Daimy Bueno, as Personal
Representative of the Ramon Bueno, without admission of liability, the aggregate total sum of
two hundred thousand dollars ($200,000.00) in full and complete settlement of any and all
claims and demands, including all claims for attorney's fees, against the City and its officers,
agents, and employees arising out of the motor vehicle accident which occurred June 17, 2017
upon the execution of general release of all claims and demands and a dismissal of the
defendant with prejudice.
Section 3. Funds are to be allocated from Account No.
00001.980000.531010.0000.00000.
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 4. 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 11/25/2019
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.