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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: 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.