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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: September 11, 2025 RE: City Commission Meeting — September 11, 2025 Proposed Settlement — Estate of Michelle Salmeron File No.: 18001 The proposed Resolution seeks authorization for the settlement of the anticipated claim on behalf of the Estate of Michelle Salmeron v. City of Miami in the amount of $300,000.00. The anticipated claim for wrongful death would be filed in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County. This is an effort to resolve this matter before the claim is filed. 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, V, City Manager Miriam M. Santana, Agenda Coordinator GKW/KRJ City of Miami Legislation Resolution Enactment Number: R-25-0334 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18001 Final Action Date:9/11/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE ESTATE OF MICHELLE SALMERON, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $300,000.00 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 RESOLUTION OF A PENDING CLAIM FOR WRONGFUL DEATH AND NEGLIGENCE, 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 March 18, 2025, Michelle Salmeron was sitting at a bus bench when she was tragically struck by a City of Miami police vehicle at or near the intersection of Northwest 7th Street and Northwest 47rd Avenue, in Miami, Florida, which resulted in Michelle Salmeron's death; and WHEREAS, The Estate of Michelle Salmeron has filed a demand letter against the City of Miami ("City") and outlined its pending claims for wrongful death and negligence that the Estate will file in the Circuit Court for the Eleventh Judicial Circuit; and WHEREAS, the City Attorney's Office has investigated these claims pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that said claims be settled for the total aggregate sum of $300,000.00, including the claims for attorneys' fees, to be paid to the Estate of Michelle Salmeron; 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 the Estate of Michelle Salmeron, without admission of liability, the total sum of $300,000.00 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 settlement of a claim for wrongful death and negligence upon the execution of a general release of all claims and demands brought for negligence and wrongful death 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: g III, C y`attor ey j 8/26/2025