Resolution 2020-31202 RESOLUTION NO. 2020-31202
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF A PERSONAL INJURY
CLAIM FILED BY THE ESTATE OF IVONE REYES AGAINST THE CITY OF MIAMI
BEACH, AND PAYING $300,000.00 FROM THE CITY'S RISK MANAGEMENT FUND
PURSUANT TO FLORIDA STATUTE §768.28; AND FURTHER AUTHORIZING THE
EXECUTION OF ANY AND ALL SETTLEMENT DOCUMENTS BY THE OFFICE OF
RISK MANAGEMENT.
WHEREAS, On March 25, 2019, Ivone Reyes, a 68-year old resident, was traveling home in
her personal vehicle when she was involved in an accident with a City of Miami Beach police officer
who was in pursuit of a stolen vehicle at or near 76th Street and Byron Avenue, Miami Beach; and
WHEREAS, following the accident, Ms. Reyes sustained substantial injuries and died at
Jackson Memorial Hospital Trauma Center due to her injuries; and
WHEREAS, the Estate of Ivone Reyes retained Silva & Silva, P.A. to represent them in a
wrongful death claim against City of Miami Beach, and, pursuant to Florida Statute §768.28, filed said
claim on May 6, 2019; and
WHEREAS, if the Claimant were successful in the litigation of this claim, a judgment for
damages, attorneys' fees and costs could exceed the statutory cap of $300,000 and expose the City
to a Claims Bill that could potentially be in the millions; and
WHEREAS, after investigation into this matter by the City's Office of Risk Management, the
Police Department and the City Attorney's Office, and considering the potential exposure to the City in
excess of the statutory cap, the City reached a settlement with the Estate of Ivone Reyes; and
WHEREAS, subject to the terms of the Settlement Agreement, the claimant, and the City,
without admission of liability, have agreed to resolve any and all claims and disputes by and between
them, for which the City will pay $300,000.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby consent to
a settlement of a personal injury claim filed by the estate of Ivone Reyes against the City of Miami
Beach, and paying $300,000.00 from the City's Risk Management fund pursuant to Florida Statute
§768.28; and further authorize the execution of any and all settlement documents by the Office of Risk
Management.
PASSED AND ADOPTED this ft day of at' , 2020.
ATTEST:
Dan Gelber, Mayor
3 (9i
Rafa I E. Granado, Ci y Clerk ` , 1; � y
APPROVED AS TO
!INCORP D ATED: = F' & LANGUAGE
XECUTION
.20
Attorney ate
Resolutions-C7 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 18, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF A
PERSONAL INJURY CLAIM FILED BY THE ESTATE OF IVONE REYES
AGAINST THE CITY OF MIAMI BEACH, AND PAYING $300,000.00 FROM
THE CITY'S RISK MANAGEMENT FUND PURSUANT TO FLORIDA
STATUTE §768.28; AND FURTHER AUTHORIZING THE EXECUTION OF
ANY AND ALL SETTLEMENT DOCUMENTS BY THE OFFICE OF RISK
MANAGEMENT.
RECOMMENDATION
Administration recommends consent to settlement.
BACKGROUND/HISTORY
Pursuant to Resolution No. 90-19982, the City Manager and the City Attorney or their respective
designees are authorized to settle claims up to an amount of $100,000 per claim against the
City of Miami Beach Self Insurance Fund. All settlements in excess of $100,000. require
Commission approval.
On March 25, 2019 lvone Reyes, a 68-year old resident, was traveling home in her personal
vehicle when she was involved in an accident with a City of Miami Beach police officer who was
in pursuit of a stolen vehicle at or near 76th Street and Byron Avenue, Miami Beach. Following
the accident, Ms. Reyes sustained substantial injuries and died at Jackson Memorial Hospital
Trauma Center due to her injuries. The Estate of lvone Reyes retained Silva & Silva, P.A. to
represent them in a wrongful death claim against the City of Miami Beach, and pursuant to
Florida Statute §768.28 filed said claim on May 6, 2019. After investigation into this matter with
Risk Management, the Police Department and the City Attorney's Office, and considering the
potential exposure for a Claims Bill that could be in the millions, the City reached a settlement of
$300,000.
Subject to the terms of the Settlement Agreement, the claimant and the City, without admission
of liability, have agreed to resolve any and all claims and disputes by and between them.
Page 487 of 1097
CONCLUSION
Administration recommends consent to settlement.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Human Resources
ATTACHMENTS:
Description
o Reso
Page 488 of 1097