HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: June 23, 2022
RE: City Commission Meeting — June 23, 2022
Proposed Settlement —Yasmin Burden v. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida
Case No.: 2018-037397-CA-01
File No.: 12057
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Yasmin Burden against the City of Miami in the amount of $100,000.00, in the
matter of Yasmin Burden v. City of Miami, pending in the Circuit Court for the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2018-037397-CA-01.
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. 50001.301001.545011.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/LKW
City of Miami
Legislation
Resolution
Enactment Number: R-22-0227
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12057 Final Action Date:6/23/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY YASMIN BURDEN, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $100,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES,
AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE STYLED YASMIN BURDEN v. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 2018-037397-CA-01, UPON
THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS
BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF
THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000.
WHEREAS, on January 19, 2015, Yasmin Burden ("Burden") was involved in a motor
vehicle accident with a City of Miami ("City") vehicle driven by City employee Andrew Goolsby at
the intersection of Northwest 12th Avenue and Northwest 19th Street that resulted in alleged
personal injuries to Burden; and
WHEREAS, Burden and the City are engaged in litigation in the Circuit Court for the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2018-037397-CA-01
concerning a claim of negligence; and
WHEREAS, Burden has made claims against the City for her personal injuries; 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 total aggregate sum
of $100,000.00, including any claims 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 fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Medvescig, without admission
of liability, the total sum of $100,000.00 in full and complete settlement of any and all claims and
demands, including all claims for attorneys' fees, against the City and its officers, agents, and
employees in the case styled Yasmin Burden v. City of Miami, pending in the Circuit Court for
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2018-037397-
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
CA-01, upon the execution of a general release of all claims and demands brought for
negligence pending in state court and a dismissal of the City and its officers, agents, and
employees with prejudice.
Section 3. Funds to be allocated from Account No. 50001.301001.545011.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 6/10/2022