HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney` X �-
DATE: April 25, 2024
RE: City Commission Meeting — April 25, 2024
Proposed Settlement — Johnny Sims vs. City of Miami. Pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida
Case No.: 20-14485-CA-01
File No.: 15866
The proposed resolution seeks authorization for the settlement of the pending
lawsuit filed by Johnny Sims alleging negligence against the City of Miami in the amount
of $40,000.00, in the matter of Johnny Sims vs. City of Miami, pending in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.:
20-14485 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 Police Torts 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-24-0152
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15866 Final Action Date:4/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY JOHNNY SIMS, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $40,000.00 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 JOHNNY SIMS VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20-14485 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 August 28, 2017, Johnny Sims ("Sims"), was operating a motor vehicle
travelling westbound on Northwest 62nd Street and Northwest 11th Avenue, in Miami, Florida, at
which time he was struck by City of Miami ("City") Public Service Aide Mariam Tarver, due to
her failure to stop at a marked stop sign, which resulted in permanent injuries to Sims; and
WHEREAS, Sims 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.: 20-11485CA 01,
concerning a claim of negligence; and
WHEREAS, Sims has made claims against the City for alleging 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 $40,000.00, including the claims for attorneys' fees, with $40,000.00 to be paid to Sims;
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 Sims, without admission of
liability, the total sum of $40,000.00 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, Johnny Sims vs. City of Miami, pending in the Circuit Court for the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-11485CA 01,
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.
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:
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: April 25, 2024
RE: City Commission Meeting — April 25, 2024
Proposed Settlement — Johnny Sims vs. City of Miami. Pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida
Case No.: 20-14485-CA-01
File No.: 15866
The proposed resolution seeks authorization for the settlement of the pending
lawsuit filed by Johnny Sims alleging negligence against the City of Miami in the amount
of $40,000.00, in the matter of Johnny Sims vs. City of Miami, pending in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.:
20-14485 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 Police Torts 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-24-0152
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15866 Final Action Date:4/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY JOHNNY SIMS, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $40,000.00 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 JOHNNY SIMS VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20-14485 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 August 28, 2017, Johnny Sims ("Sims"), was operating a motor vehicle
travelling westbound on Northwest 62nd Street and Northwest 11th Avenue, in Miami, Florida, at
which time he was struck by City of Miami ("City") Public Service Aide Mariam Tarver, due to
her failure to stop at a marked stop sign, which resulted in permanent injuries to Sims; and
WHEREAS, Sims 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.: 20-11485CA 01,
concerning a claim of negligence; and
WHEREAS, Sims has made claims against the City for alleging 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 $40,000.00, including the claims for attorneys' fees, with $40,000.00 to be paid to Sims;
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 Sims, without admission of
liability, the total sum of $40,000.00 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, Johnny Sims vs. City of Miami, pending in the Circuit Court for the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-11485CA 01,
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.
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 4/10/2024