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
DATE: May 9, 2024
RE: City Commission Meeting — May 9, 2024
Proposed Settlement — Yanko Gutierrez v. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida.
Case No.: 2023-3125-CA 01
File No.: 15957
The proposed resolution seeks authorization for the settlement of the lawsuit filed
by Yanko Gutierrez against the City of Miami in the amount of $46,000.00, Yanko
Gutierrez v. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in
and for Miami -Dade County, Florida, Case No. 2023-3125-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 Account No. 50001.301001.545011.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
JG/KV
City of Miami
Legislation
Resolution
Enactment Number: R-24-0171
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15957 Final Action Date:5/9/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY YANKO GUTIERREZ, WITHOUT ADMISSION OF LIABILITY,
THE TOTAL SUM OF $46,000.00 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 YANKO GUTIERREZ
VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2023-
3125-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 March 14th, 2022, Yanko Gutierrez ("Gutierrez"), was a pedestrian
operating a bicycle on the sidewalk and was struck by the vehicle being driven by Lieutenant
Myron Brinson of the City of Miami Fire Department at or near 300 Southwest North River Drive,
which resulted in alleged personal injuries to Gutierrez; and
WHEREAS, Gutierrez 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.:
2023-3125 CA 01 concerning a claim of negligence; and
WHEREAS, Gutierrez 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 $46,000.00, including the claims for attorneys' fees, with $46,000.00 to be paid to Gutierrez;
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 Gutierrez, without admission of
liability, the total sum of $46,000.00 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 Yanko Gutierrez vs. City of Miami, pending in the Circuit Court for
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2023-3125 CA
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.
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: