Title: Relief/Maricelly Lopez/City of North Miami

Summary: Provides for relief of Maricelly Lopez by City of North Miami; provides for appropriation to compensate Maricelly Lopez, individually & as personal representative of Estate of Omar Mieles, for wrongful death of her son, Omar Mieles, due to negligence of City of North Miami; provides limitation on payment of fees & costs. CLAIM:

Full Text:
WHEREAS, Officer James Ray Thompson, a police officer employed by the City of North Mia mi Police Department, while in the course and scope of his duties as a police officer, negligently drove a North Miami police vehicle at a high rate of speed and collided with the vehicle in which Omar Mieles was a passenger at the intersection of NW 46th Street and 7th Avenue, and WHEREAS, Omar Mieles was thrown from the rear window of the vehicle in which he was traveling, landed feet from the vehicle, and died shortly thereafter from the injuries sustained as a direct result of the incident and Offic er Thompson's negligence, and WHEREAS, the mother of Omar Mieles, Maricelly Lopez, seeks to recover damages, individually, for the loss of support, WHEREAS, Maricelly Lopez has endured mental pain and suffering since the date of her son's death and will continue to suffer such losses in the future, and WHEREAS, the Estate of Omar Mieles seeks to recover damages for medical expenses, funeral expenses, loss of earnings, and net accumulation of ea rnings, and WHEREAS, on March 19, 2010, this case was tried before a jury that returned a verdict for damages against the City of North Miami and in favor of Maricelly Lopez, as personal representative of the Estate of Omar Mieles and in her individual ca pacity as mother of Omar Mieles, in the amount of $3,542,000, and WHEREAS, the jury apportioned percent of the responsibility for the death of Omar Mieles to the City of North Miami, and the remaining percent to the driver of the vehicle in which Om ar Mieles was traveling as a passenger, and WHEREAS, a final judgment was entered against the City of North Miami for $1,719,808.63, of which the city has paid $108,571.30, leaving a balance of $1,611,237.33 for which Maricelly Lopez seeks satisfaction, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The City of North Miami is authorized and directed to appropriate fro mfunds of the city not otherwise HB 1417 2013 appropriated and to draw a warrant in the amount of $1,611,237.33, payable to Maricelly Lopez, individually and as personal representative of the Estate of Omar Mieles, as compensation for the death of her son due to the negligence of a police officer of the City of North Miami. Section 3. The amount paid by the City of North Miami pursuant to s. 768.28, Florida Statutes, and this award are intended to provide the sole compensation for all present and future claims aris ing out of the factual situation described in this act which resulted in the death of Omar Mieles. The total amount paid for attorney fees, lobbying fees, costs, and other similar expenses relating to this claim may not exceed 68 percent of the amount awar ded under this act. Section 4. This act shall take effect upon becoming a law.