HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney ,j a
DATE: October 27, 2016
RE: Proposed Settlement - City Commission Agenda
Deborah Yurtkuran, as Personal Representative of the Estate of Pamela
Plummer
File No.: 1236
The attached proposed Resolution seeks authorization for settlement of all claims
against the City of Miami and Larry Ellis, in the amount of two hundred thousand dollars
($200,000.00).
This claim was brought by Canor C. Plato, Esq., of the CP Law Firm, on behalf of
Deborah Yurtkuran, as Personal Representative of the Pamela Plummer, for wrongful
death arising out of an alleged motor vehicle accident on April 8, 2016 in the area of
Northwest 17th Avenue and 7th Street, Miami, Florida.
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. 00001.980000.531010.0000.00000.
Attachment(s)
cc. Daniel J. Alfonso, City Manager
Christopher Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/BLM/JAG/vja
f; City of Miami City Hall
3500 Pan American Drive
Legislation Miami, FL 33133
www.miamigov.com
Resolution
Enactment Number: R-16-0509
File Number: 1236 Final Action Date:10/27/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY DEBORAH YURTKURAN, AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF PAMELA PLUMMER, WITHOUT ADMISSION OF LIABILITY,
THE AGGREGATE TOTAL SUM OF TWO HUNDRED THOUSAND DOLLARS
($200,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE
CITY OF MIAMI AND ITS OFFICERS, AGENTS AND EMPLOYEES, AND LARRY
ELLIS, ARISING OUT OF AN ACCIDENT ON APRIL 8, 2016, UPON THE EXECUTION
OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS
FROM ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Deborah Yurtkuran, as Personal Representative of the Estate of Pamela
Plummer, has asserted a wrongful death claim against the City of Miami ("City") arising out of an
alleged accident on April 8, 2016 in the area of Northwest 17th Avenue and 7th Street, Miami,
Florida; and
WHEREAS, the City Attorney's Office has investigated the claim and, pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended,
recommends that said claim be settled for the lump sum of two hundred thousand dollars
($200,000.00), including any claim for attorney's fees;
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 if fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Deborah Yurtkuran, as
Personal Representative of the Estate of Pamela Plummer, without admission of liability, the
aggregate total sum of two hundred thousand dollars ($200,000.00) in full and complete
settlement of any and all claims and demands, including all claims for attorney's fees, against
the City and its officers, agents and employees, and Larry Ellis, arising out of the accident on
April 8, 2016, upon the execution of general release of all claims and demands against the City
and its officers, agents and employees, and Larry Ellis; allocating funds from Account No.
00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
APPROVED AS TO FORM AND CORRECTNESS:
1
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