HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: November 16, 2023
RE: Proposed Settlement — City Commission Meeting — November 16, 2023
Everling Del Carmen Cubillos Bernales vs. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida.
Case No.: 17-020894 CA 01
File No.: 14955
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Everling Del Carmen Cubillos Bernales against the City of Miami in the
amount of $50,000.00, in the matter of Everling Del Carmen Cubillos Bernales vs. City
of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida, Case No.: 17-020894 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-23-0495
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14955 Final Action Date:11/16/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY EVERLING DEL CARMEN CUBILLOS BERNALES, WITHOUT
ADMISSION OF LIABILITY, THE TOTAL SUM OF $50,000.00 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 EVERLING DEL CARMEN CUBILLOS BERNALES VS. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 17-020894CA 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 September 06, 2013, Everling Del Carmen Cubillos Bernales ("Cubillos
Bernales") was involved in a motor vehicle accident at the intersection of Southwest 5th Street
and Southwest 7th Avenue, Miami, Florida, at which time her vehicle was struck by a City of
Miami Police vehicle who ran a stop sign, and struck the Plaintiff's vehicle, which resulted in
permanent injuries to Cubillos Bernales; and
WHEREAS, Cubillos Bernales 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.: 17-020894 CA 01 concerning a claim of negligence; and
WHEREAS, Cubillos Bernales 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 $50,000.00, including the claims for attorneys' fees, with $50,000.00 to be paid to Cubillos
Bernales;
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 Cubillos Bernales, without
admission of liability, the total sum of $50,000.00 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 , Everling Del Carmen Cubillos Bernales vs. City of
Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No.: 17-020984 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.