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: June 17, 2025
RE: City Commission Meeting — June 12, 2025
Proposed Settlement — Dora Diaz v. City of Miami, pending in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida.
Case No.: 23-6329 CA 05
File No.: 17593
The proposed Resolution seeks authorization for the settlement of the pending
lawsuit of Dora Diaz against the City of Miami in the amount of $50,000.00, in the matter
of Dora Diaz v. City of Miami, pending in the Circuit Court for the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, Case No. 23-6329 CA 05.
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. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
GW/KRJ/JPO
City of Miami
Legislation
Resolution
Enactment Number: R-25-0186
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17593 Final Action Date:6/17/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY DORA DIAZ, 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 ("CITY") AND ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE STYLED DORA DIAZ VS. CITY OF MIAMI, PENDING IN
THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 23-6329 CA 05 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.
50001.301001.545013.0000.00000.
WHEREAS, on June 20, 2021, Dora Diaz ("Diaz") was injured following a trip and fall
accident located at or near 1800 Northwest 24th Avenue, Miami, Florida; and
WHEREAS, Diaz 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-
6329 CA 05 concerning a claim of negligence; and
WHEREAS, Diaz has made claims against the City for her 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 Diaz;
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 Diaz, 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 Dora Diaz vs. City of Miami, pending in the Circuit Court for the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: Case No.: 23-6329
CA 05, 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
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.
employees with prejudice, with funds allocated from Account No.
50001.301001.545013.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wys ng III, C y ttor -y 6/2/2025