HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: October 27, 2022
RE: City Commission Meeting — October 27, 2022
Proposed Settlement — William Amado Reyes vs. City of Miami, et al.
pending in the Circuit Court for the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida Case No.: 20-013399 CA 01
File No.: 12678
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of William Amado Reyes against the City of Miami in the amount of $75,000.00,
in the matter of William Amado Reyes vs. City of Miami, pending in the Circuit Court for
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-
013399 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 the General Liability Account No. 50001.301001.54501 1.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/AC
City of Miami
Legislation
Resolution
File Number: 12678
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:10/27/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY WILLIAM AMADO REYES, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF $75,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS
FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS,
AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED
MARJULYS GARCIA VS. CITY OF MIAMI AND GREENWICH INSURANCE
COMPANY, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20-013399 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 WITH PREJUDICE; ALLOCATING FUNDS FROM
ACCOUNT NO. 50001.301001.545011.0000.00000.
WHEREAS, on April 20, 2019, William Amado Reyes ("Amado Reyes"), was involved in
a motor vehicle accident while travelling North Bound on Southwest 22nd Avenue approaching
Southwest 3rd Street, which resulted in alleged personal injuries to Amado Reyes; and
WHEREAS, Amado Reyes and the City of Miami ("City") are engaged in litigation in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.:
20-013399 CA 01 concerning a claim of negligence; and
WHEREAS, Amado Reyes has made claims against the City for his 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 $75,000.00, including the claims for attorneys' fees, with $75,000.00 to be paid to Amado
Reyes;
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 Amado Reyes, without
admission of liability, the total sum of $75,000.00 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 William Amado Reyes vs. City of Miami, et. al,
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.
pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No.: 20-013399 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, City Attor
10/12/2022.