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: February 27, 2025
RE: Proposed Settlement for City Commission Meeting — February 27, 2025
Settlement regarding the matter of Antoine, Jean v. City of Miami
Case No. 22-23098 CA 32
File No. 17186
The attached proposed Resolution seeks authorization for settlement of all claims
against the City of Miami, in the amount of seventy thousand dollars and zero cents
($70,000.00). This action was brought by the law firm Miller & Jacobs, Rick Jacobs, Esq.
on behalf of Jean Antoine for injuries 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 Account No. 50001.301001.545011.0000.00000.
Attachment(s)
cc: Art Noriega, City Manager
Miriam M. Santana, Agenda Coordinator
GKW/KRJ/CM
City of Miami
Legislation
Resolution
Enactment Number: R-25-0053
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17186 Final Action Date:2/27/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY JEAN ANTOINE WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $70,000.00 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 JEAN ANTOINE VS. CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 22-23098 CA 32
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, Jean Antoine ("Plaintiff") 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.: 22-23098 CA 32; related to a motor vehicle crash that occurred on December
28, 2018; and
WHEREAS, Plaintiff has made claims against the City for their 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 $70,000.00, including the claims for attorneys' fees, with $70,000.00 to be paid to Plaintiff 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 Jean Antoine, without
admission of liability, the total sum of $70,000.00 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 , Jean Antoine vs. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.:
22-23098 CA 32, 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.
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.
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 j ng III, C y ' ttor -y 2/18/2025