HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: December 14, 2023
RE: City Commission Meeting — December 14, 2023
Proposed Settlement — Angel Estevez vs. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida
Case No.: 2018-39657 CA 01
File No.:14963
The proposed resolution seeks authorization for settlement in the amount of
$66,750.00 of the pending lawsuit styled Angel Estevez vs. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
Case No. 2018-39657 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. 50001.301001.545010.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/JPO
City of Miami
Legislation
Resolution
Enactment Number: R-23-0537
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14963 Final Action Date:12/14/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ANGEL ESTEVEZ, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $66,750.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES,
AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE STYLED ANGEL ESTEVEZ VS. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 18-39657 CA 01, UPON
THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND
A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM
ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, on April 27, 2016, Angel Estevez ("Estevez"), was involved in motor vehicle
accident with a City of Miami ("City") Police Officer, at or near 2750 Northwest 7th Street, Miami,
Florida, which resulted in alleged property damage and personal injuries to Estevez; and
WHEREAS, Estevez 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.: 2018-39657 CA 01
concerning a claim of negligence; and
WHEREAS, Estevez has made claims against the City for his personal injuries and
property damage; 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 $66,750.00, including the claims for attorneys' fees, with $66,750.00 to be paid to Estevez;
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 authorized1 to pay Estevez, without admission of
liability, the total sum of $66,750.00 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 Angel Estevez vs. City of Miami, pending in the Circuit Court for
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2018-39657 CA
01, upon the execution of a general release of all claims and demands brought for negligence
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.
pending in state court and a dismissal of the City and its officers, agents, and employees with
prejudice, with funds allocated from Account No. 50001.301001.545010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey ) 12/5/2023