HomeMy WebLinkAboutR-23-0165City of Miami
Resolution R-23-0165
Legislation
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.
City of Miami Page 1 of 2 File ID: 13701 (Revision:) Printed On: 6/30/2025
File ID: 13701 Enactment Number: R-23-0165
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 Attor
ey 4/4/2023
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.
City of Miami Page 2 of 2 File ID: 13701 (Revision:) Printed on: 6/30/2025