HomeMy WebLinkAboutR-24-0152City of Miami
Resolution R-24-0152
Legislation
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 authorized1 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
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.
City of Miami Page 1 of 2 File ID: 15866 (Revision:) Printed On: 7/28/2025
File ID: 15866 Enactment Number: R-24-0152
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,
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
City of Miami Page 2 of 2 File ID: 15866 (Revision:) Printed on: 7/28/2025