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File #: 17-3663   
Type: Misc - Settlement Agreements
In control: City Council A Session
On agenda: 6/15/2017
Posting Language: An Ordinance authorizing the settlement of litigation styled Moses Ramirez vs. City of San Antonio, Case Number No. 2015CV00957 pending in the County Court at Law #3, Bexar County, Texas for an amount up to $150,000.00. [Andrew Segovia, City Attorney]
Attachments: 1. M Ramirez - Draft Ordinance, 2. Ordinance 2017-06-15-0447

DEPARTMENT: City Attorney’s Office

 

DEPARTMENT HEAD: Andrew Segovia

 

COUNCIL DISTRICTS IMPACTED: City Wide

 

SUBJECT:

 

Settlement of Moses Ramirez v. City of San Antonio

 

SUMMARY:

 

This item authorizes the settlement of a lawsuit styled Moses Ramirez v. City of San Antonio; Case Number No. 2015CV00957 pending in County Court at Law #3, Bexar County, Texas in the amount of $150,000.00 paid from the Self-Insurance Liability Fund.

 

BACKGROUND INFORMATION:

 

Plaintiff Moses Ramirez is seeking damages as a result of a motor vehicle accident that occurred on February 15, 2013 at the intersection of Southeast Military Drive and South New Braunfels Avenue in San Antonio involving a City vehicle and a vehicle being operated by Moses Ramirez. 

 

The parties have reached a mutual agreement to settle these claims including payment to Mr. Ramirez in the amount of $150,000.00, subject to City Council Approval.  This amount would be paid from the Self-Insurance Liability Fund.

 

ISSUE:

 

Settlements over $50,000 require City Council approval.

 

ALTERNATIVES:

 

If this settlement is not approved by the City Council, this case will proceed to a jury trial.  It is in the best interest of the City to settle this matter to avoid the uncertainties and risks associated with litigation in a case of disputed damages.

 

 

FISCAL IMPACT:

 

If approved, $150,000.00 will be paid to Martinez & Associates, PLLC, Moses Ramirez and any lienholders.  This will be funded in accordance with the FY 2017 Liability Fund Adopted Budget.

 

RECOMMENDATION:

 

Staff recommends approval of this Ordinance.