HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: January 11, 2024
RE: City Commission Meeting -January 11, 2024
Proposed Settlement — Tyler Parish v. City of Miami, pending in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No.: 2023-7994-CA 01. Matter No.: 23-1793
File No. 15309
The attached proposed resolution seeks authorization for the settlement of the pending
lawsuit of Tyler Parish against the City of Miami in the amount of $100,000.00, in the
matter of Tyler Parish v. City of Miami, pending in the Circuit Court for the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2023-7994-CA 01.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/KV/vja
City of Miami
Legislation
Resolution
Enactment Number: R-24-0005
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15309 Final Action Date:1/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TYLER PARISH, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $100,000.00 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 TYLER PARISH VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2023-7994-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. 50001.301001.545011.0000.00000.
WHEREAS, on June 5, 2022, Tyler Parish ("Parish"), was a disabled pedestrian in a
wheelchair crossing the street within the cross walk at the appropriate time for pedestrians to
cross the street, and was struck by the vehicle being driven by officer Omar Macedo of the City
of Miami Police Department at or near the intersection of Northeast 2nd Street and Biscayne
Boulevard, Miami, Florida, which resulted in alleged personal injuries to Parish; and
WHEREAS, Parish 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.: 2023-
7994 CA 01 concerning a claim of negligence; and
WHEREAS, Parish has made claims against the City for his 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 $100,000.00, including the claims for attorneys' fees, with $100,000.00, to be paid to Parish;
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 Parish, without admission of
liability, the total sum of $100,000.00, 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 Tyler Parish vs. City of Miami, pending in the Circuit Court for the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2023-7994 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, with funds allocated from Account No. 50001.301001.545011.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ria i ,, gry to for
ey ) 12/28/2023