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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 26, 2025 RE: Proposed Settlement —City Commission Meeting- June 26, 2025 Grisel Ortega Perez vs. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. Case No.: 2023-6943-CA-01 (11) File No.: 17681 The proposed resolution seeks authorization for the settlement of the pending lawsuit of Grisel Ortega Perez against the City of Miami in the amount of $100,000.00, in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Grisel Ortega Perez v. City of Miami, Case No.: 2023-6943-CA-01 (11). 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. 50001.301001.545011.0000.00000. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator GKW/KRJ/CM City of Miami Legislation Resolution Enactment Number: R-25-0235 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17681 Final Action Date:6/26/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GRISEL ORTEGA PEREZ, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $100,000.00 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 GRISEL ORTEGA PEREZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2023-6943-CA-01 (11), 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 December 1, 2021, Grisel Ortega Perez ("Plaintiff") was involved in a motor vehicle accident with a marked City of Miami police vehicle; and WHEREAS, 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.: 2023- 6943-CA-01 (11) concerning a claim of negligence; 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 $100,000.00, including the claims for attorneys' fees, with $100,000.00 to be paid to Plaintiff; 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 Grisel Ortega Perez, without admission of liability, the total sum of $100,000.00 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, Grisel Ortega Perez vs. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2023-6943-CA-01 (11), upon the execution of a general release of all claims and demands 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. 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 j ng III, C y ttor -y 6/16/2025