HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: July 27, 2023
RE: City Commission Meeting — July 27, 2023
Proposed Settlement — Agatha Wright vs. City of Miami. Pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida Case No.: 19-021608 CA 01
File No.: 14238
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Agatha Wright against the City of Miami in the amount of $90,000.00, in the
matter of Agatha Wright vs. City of Miami, pending in the Circuit Court for the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 19-021608 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
VM/AC
City of Miami
Legislation
Resolution
Enactment Number: R-23-0326
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14238 Final Action Date:7/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY AGATHA WRIGHT, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $90,000.00 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 AGATHA WRIGHT VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 19-021608CA
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 December 24, 2017, Agatha Wright ("Wright"), was involved in a motor
vehicle accident at the intersection of Northwest 17th Avenue and Northwest 36th Street, Miami,
Florida, at which time her vehicle was struck by a City of Miami ("City") Police vehicle who ran a
steady red light, which resulted in permanent injuries to Agatha Wright; and
WHEREAS, Wright and the City are engaged in litigation in the Circuit Court for the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 19-021608 CA 01
concerning a claim of negligence; and
WHEREAS, Wright has 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 $90,000.00, including the claims for attorneys' fees, with $90,000.00 to be paid to Wright;
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 Wright, without admission of
liability, the total sum of $90,000.00 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 Agatha Wright vs. City of Miami, pending in the Circuit Court for
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 19-021608 CA
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.
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 7/11/2023