HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: April 14, 2022
RE: Proposed Settlement for City Commission Meeting — April 14, 2022
Saile Herrera, as natural guardian and mother of Javier Herrera, Jr., and
Javier Herrera, Sr., vs. City of Miami, pending in the Miami -Dade Circuit
Court
Case No. 19-33681 CA 02
File ID No. 11724
The attached proposed Resolution seeks authorization to pay Saile Herrera and
Javier Herrera, Sr., without admission of liability, the total sum of one hundred forty-nine
thousand dollars ($149,000.00) in full and complete settlement of any and all claims and
demands, including all claims for attorney's fees, against the City of Miami, arising out
an incident involving a Miami Police Department Canine (K-9) Unit dog which occurred
January 7, 2019, in Miami -Dade County, Florida, upon the execution of general release
of all claims and demands against the City, in the case of Saile Herrera, as natural
guardian and mother of Javier Herrera, Jr., and Javier Herrera, Sr., vs. City of Miami,
pending in the Miami -Dade Circuit Court, Case No. 19-33681 CA 02, upon the
execution of a general release of all claims and demands, and a dismissal of the
defendant with prejudice.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement, with funds to be allocated from Account
No. 50001.301001.545010.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/BLM/CAG
City of Miami
Legislation
Resolution
Enactment Number: R-22-0137
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11724 Final Action Date:4/14/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY SAILE HERRERA AND JAVIER HERRERA, SR., WITHOUT
ADMISSION OF LIABILITY, THE TOTAL SUM OF ONE HUNDRED FORTY-NINE
THOUSAND DOLLARS ($149,000.00) IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR
ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI IN THE CASE OF SAILE
HERRERA, AS NATURAL GUARDIAN AND MOTHER OF JAVIER HERRERA, JR.,
AND JAVIER HERRERA, SR. VS. CITY OF MIAMI PENDING IN THE MIAMI-DADE
CIRCUIT COURT, CASE NO. 19-33681 CA 02, 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.
50001.301001.545010.0000.00000.
WHEREAS, Saile Herrera and Javier Herrera, Sr. (collectively, "Plaintiffs") have asserted
tort claims against the City of Miami ("City") for injuries sustained by Javier Herrera, Jr. and
Javier Herrera, Sr. arising out an incident involving a Miami Police Department ("MPD") Canine
("K-9") Unit dog which occurred January 7, 2019 in Miami -Dade County, Florida; and
WHEREAS, the City Attorney's Office has investigated the claims and pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended,
recommends that said claims be settled for the lump sum of one hundred forty-nine thousand
dollars ($149,000.00), 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 the Plaintiffs, without admission
of liability, the total sum of one hundred forty-nine thousand dollars ($149,000.00) in full and
complete settlement of any and all claims and demands, including all claims for attorneys' fees,
against the City arising out an incident involving a MPD K-9 Unit dog which occurred January 7,
2019 in Miami -Dade County, Florida upon the execution of general release of all claims and
demands against the City in the case of Saile Herrera, as natural guardian and mother of Javier
Herrera, Jr., and Javier Herrera, Sr. vs. City of Miami pending in the Miami -Dade Circuit Court,
Case No. 19-33681 CA 02 and a dismissal of the City with prejudice.
Section 3. Funds are allocated from Account No. 50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: