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: September 12, 2024
RE: Settlement — City Commission Meeting — September 12, 2024
Proposed settlement of the case of Enrique Mendez Morales, and Aurora T.
Duarte vs. City of Miami, pending in the Circuit Court for the Eleventh Judicial
Circuit in and For Miami -Dade County, Florida.
Case No.: 2023-015653 CA 01 (21)
File NO 16404
The attached proposed Resolution seeks authorization for settlement of all claims
against the City of Miami ("City"), in the amount of ninety-five thousand dollars and zero cents
($95,000.00). This action was brought by the law firm Panter, Panter & Sampedro, P.A.,
Mitchell J. Panter, Esq. on behalf of Enrique Mendez Morales and Aurora T. Duarte for injuries
and a loss of consortium claim following a police officer involved car accident.
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 Account No. 50001.301001.545011.0000.00000.
Attachment(s)
cc: Art Noriega, City Manager
Miriam M. Santana, Agenda Coordinator
GKW/JAG/KRJ/CM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0340
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16404 Final Action Date:9/12/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ENRIQUE MENDEZ MORALES AND AURORA T. DUARTE,
WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $95,000.00 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 ENRIQUE MENDEZ MORALES AND AURORA T. DUARTE VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 23-15653 CA 01
(21), UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND
DEMANDS BROUGHT FOR NEGLIGENCE AND LOSS OF CONSORTIUM 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 27, 2022, Enrique Mendez Morales ("Plaintiff") was driving through
an intersection at Northwest 5th Avenue and Northwest 29th Street when an officer ran a red light
colliding with his vehicle, which resulted in permanent injuries to Plaintiff prompting this lawsuit
for negligence; and his wife, Aurora T. Duarte ("Plaintiff's Wife") later brought a claim for loss of
consortium; and
WHEREAS, Plaintiff and Plaintiff's Wife (collectively, "Plaintiffs") 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.: 23-7804 CA 27; and
WHEREAS, Plaintiffs have made claims against the City for their personal injuries, loss
of income, and loss of consortium; 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 $95,000.00, including the claims for attorneys' fees, with $95,000.00 to be paid to Plaintiffs in
total;
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 Plaintiffs, without admission of
liability, the total sum of $95,000.00 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 Enrique Mendez Morales and Aurora T. Duarte vs. City of Miami,
pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No.: 23-15653 CA 01 (21), 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:
ge . Wy y ng III, C y ttor -y 8/28/2024
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.