HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM: George K. Wysong III, City Attorney kitfroe:
DATE: February 26, 2026
RE: City Commission Meeting — February 12, 2026
Proposed Settlement Anthony Dave Cruz v. City of Miami, pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
Honorable Mayor and Members of the City Commission
County, Florida.
Case No.: 2024- 22092-CA 01
File No.: 18862
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Anthony Dave Cruz against the City of Miami in the amount of thirty seven
thousand dollars ($37,000.00), in the matter of Anthony Dave Cruz v. City of Miami,
pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No. 2024-22092-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. 50001.301001.545011.0000.00000.
Attachment(s)
cc. James Reyes, City Manager
Miriam M. Santana, Agenda Coordinator
GKW/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-26-0090
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18862 Final Action Date:2/26/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ANTHONY DAVE CRUZ, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF THIRTY SEVEN THOUSAND DOLLARS
($37,000.00) 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 ANTHONY DAVE CRUZ VS. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2024-22092-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 January 28, 2024, Anthony Dave Cruz, was involved in a motor vehicle
accident with officer Anthony Alexander Cruz of the City of Miami ("City") Police Department at
or near the intersection of Northwest 21 st Avenue and Northwest 35th street, in Miami, Florida,
which resulted in alleged personal injuries to Anthony Dave Cruz.
WHEREAS, Anthony Dave Cruz and the City are engaged in litigation in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2024-
22092-CA 01 concerning a claim of negligence; and
WHEREAS, Anthony Dave Cruz 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 thirty seven thousand dollars ($37,000.00), including the claims for attorneys' fees, with thirty
seven thousand dollars ($37,000.00) to be paid to Anthony Dave Cruz;
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 Anthony Dave Cruz, without
admission of liability, the total sum of thirty seven thousand dollars ($37,000.00) 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 Anthony Dave Cruz
vs. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida, Case No.: 2024-22092-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: