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: January 23, 2025
RE: City Commission Meeting — January 9, 2024
Proposed Settlement Nicania Cange-Talton v. City of Miami, pending in
the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida
Case No.: 2023-8705-CA 01
File No.: 17008
The proposed Resolution seeks authorization for the settlement of the pending
lawsuit of Nicania Cange-Talton against the City of Miami in the amount of $50,000.00,
in the matter of Nicania Cange-Talton v. City of Miami, pending in the Circuit Court for
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2023-
8705-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 General Liability Account No. 50001.301001.54501 1.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
Attachment(s)
cc.
GW/KRJ/KV
City of Miami
Legislation
Resolution
Enactment Number: R-25-0009
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17008 Final Action Date:1/23/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY NICANIA CANGE-TALTON, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF $50,000.00 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
NICANIA CANGE-TALTON VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT
FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO.: 2023-8705-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 15, 2022, Nicania Cange-Talton, was involved in a motor vehicle
accident with a City of Miami ("City") Fire Rescue truck at or near the intersection of Northwest
11th Street and Northwest 3rd Avenue, in Miami, Florida, which resulted in alleged personal
injuries to Cange-Talton; and
WHEREAS, Nicania Cange-Talton 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.: 2023-8705-CA 01 concerning a claim of negligence; and
WHEREAS, Nicania Cange-Talton has made claims against the City for 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 $50,000.00, including the claims for attorneys' fees, with $50,000.00 to be paid to Nicania
Cange-Talton;
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 Nicania Cange-Talton, without
admission of liability, the total sum of $50,000.00 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 Nicania Cange-Talton vs. City of Miami, pending in
the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case
No.: 2023-8705-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:
ge Wy j ng III, C y ttor y 1/10/2025