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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