HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: April 27, 2023
RE: City Commission Meeting — April 27, 2023
Proposed Settlement — Magaly Perez vs. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida.
Case No.: 2020-13749-CA-01
File No.: 13609
The proposed resolution seeks authorization for settlement of $35,000.00 in the
pending lawsuit of Magaly Perez vs. City of Miami in the Circuit Court for the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2020- 13749- 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. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/JPO
City of Miami
Legislation
Resolution
Enactment Number: R-23-0185
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13609 Final Action Date:4/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY MAGALY PEREZ, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $35,000.00 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 MAGALY PEREZ VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2020- 13749-
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. 50001.301001.545013.0000.00000.
WHEREAS, on September 30, 2019, Magaly Perez ("Perez"), was involved in a trip and
fall accident on the sidewalk located on Southwest 7th Street between 48t" and 49th Avenue,
Miami, Florida, which resulted in alleged personal injuries to Perez; and
WHEREAS, Perez 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.: 2020-
13749- CA- 01 concerning a claim of negligence; and
WHEREAS, Perez 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 $35,000.00, including the claims for attorneys' fees, with $35,000.00 to be paid to Perez;
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 Perez, without admission of
liability, the total sum of $35,000.00 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 Magaly Perez vs. City of Miami, pending in the Circuit Court for
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2020- 13749-
CA- 01, upon the execution of a general release of all claims and demands brought for
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.
negligence pending in state court and a dismissal of the City and its officers, agents, and
employees with prejudice, with funds allocated from Account No.
50001.301001.545013.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor
ey ) 4/11/2023