HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM: George K. Wysong III, City Attorney kitfroe:
DATE: March 12, 2026
RE: City Commission Meeting — February 26, 2026
Proposed Settlement Olin B. Lopez v. City of Miami, pending in the Circuit Court
for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No:
2023-027482-CA 01. File No.: 18907
Honorable Mayor and Members of the City Commission
The proposed resolution seeks authorization for the settlement of the pending lawsuit of
Olin B. Lopez against the City of Miami in the amount of forty thousand dollars ($40,000.00), in
the matter of Olin B. Lopez v. City of Miami, pending in the Circuit Court for the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2023-027482-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
GW/AR
City of Miami
Legislation
Resolution
Enactment Number: R-26-0111
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18907 Final Action Date:3/12/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY OLIN B. LOPEZ, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF FORTY THOUSAND AND 00/100 DOLLARS ($40,000.00) 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 OLIN B. LOPEZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT
COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO.: 2023-027482-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 March 16, 2023, Olin B. Lopez was involved in a motor vehicle accident
with a City of Miami ("City") vehicle being driven by Michelyani Martelly, an employee of the
City, at or near the intersection of Northwest 16th Street and Northwest 17th Avenue, in Miami,
Florida, which resulted in alleged personal injuries to Olin B. Lopez; and
WHEREAS, Olin B. Lopez 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.: 2023-027482-
CA-01 concerning a claim of negligence; and
WHEREAS, Olin B. Lopez 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 Forty Thousand and 00/100 Dollars ($40,000.00), including the claims for attorneys' fees,
with Forty Thousand and 00/100 Dollars ($40,000.00) to be paid to Olin B. Lopez;
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 Olin B. Lopez, without
admission of liability, the total sum of Forty Thousand and 00/100 Dollars ($40,000.00) in full
and complete settlement of any and all claims and demands, including all claims for attorneys'
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.
fees, against the City and its officers, agents, and employees in the case styled Olin B. Lopez
vs. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida, Case No.: 2023-027482-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:
ge Wy ng III, C y ttor -y 2/27/2026