HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: April 13, 2023
RE: City Commission Meeting -April 13, 2023
Proposed Settlement — Andres Palomo and Marlene Palomo vs. City of
Miami
Pending in the Circuit Court for the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida Case No.: 21-019976 CA 01
File 13701
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Andres Palomo and Marlene Palomo against the City of Miami in the amount
of $120,000.00, in the matter of Andres Palomo and Marlene vs. City of Miami, pending
in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No.: 21-019976 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. 50001.301001.545011.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
City of Miami
Legislation
Resolution
Enactment Number: R-23-0165
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13701 Final Action Date:4/13/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ANDRES PALOMO AND MARLENE PALOMO, WITHOUT
ADMISSION OF LIABILITY, THE TOTAL SUM OF $120,000.00, 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 ANDRES PALOMO AND MARLENE PALOMO VS. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 21-019976CA 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 January 25, 2019, Andres Palomo and Marlene Palomo (collectively
"Palomos"), were involved in an accident while crossing at the crosswalk located at the
intersection of Southwest 13 Ave and Southwest 8 Street, Miami, Florida, wherein they were hit
by a moving City of Miami Police vehicle, which resulted in alleged personal injuries to the
Palomos; and
WHEREAS, the Palomos 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.:
21-019976 CA 01 concerning a claim of negligence; and
WHEREAS, the Palomos have made claims against the City for their 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 $120,000.00, including the claims for attorneys' fees, with $120,000.00 to be paid to the
Palomo' s;
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 the Palomos, without admission
of liability, the total sum of $120,000.00, 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 Andres Palomo and Marlene Palomo vs. City of Miami,
pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No.: 21-019976 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 (tor
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.