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File #: 21-2127   
Type: Misc - Settlement Agreements
In control: City Council A Session
On agenda: 3/18/2021
Posting Language: Ordinance approving the settlement of a lawsuit styled Adolfo Salomon III, et al. v. City of San Antonio, Cause Number 2019-CI-11573, pending in 73rd Judicial District Court, Bexar County, Texas, in the amount of $57,500.00 payable from the Self-Insured Liability Fund. [Andy Segovia, City Attorney]
Attachments: 1. Draft Ordinance, 2. Ordinance 2021-03-18-0173

DEPARTMENT: City Attorney’s Office                     

 

 

DEPARTMENT HEAD: Andy Segovia, City Attorney

                     

                     

COUNCIL DISTRICTS IMPACTED: Citywide

 

 

SUBJECT:

 

Settlement of litigation styled Adolfo Salomon III, et al. v. City of San Antonio

 

 

SUMMARY:

 

This item will approve the settlement of a lawsuit styled Adolfo Salomon III, et al v. City of San Antonio, Cause Number 2019-CI-11573 pending in the 73rd Judicial District Court, Bexar County, Texas, in an amount of $57,500.00.  This settlement will be funded from the Self-Insured Liability Fund.

 

 

BACKGROUND INFORMATION:

 

On December 11, 2018, an auto accident occurred on westbound U.S. Highway 90 when a City owned vehicle being operated by an employee of the Solid Waste Management Department collided with a vehicle being driven by Plaintiff Adolfo Salomon III.  Mr. Salomon suffered injuries, incurred medical expenses and is seeking to recover damages from the City. 

 

The parties have agreed to settle the claims of Mr. Salomon for $57,500.00, subject to City Council approval.  The funds are available from the FY 2021 Liability Fund Adopted Budget.

 

 

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.

 

 

FISCAL IMPACT:

 

If approved, $57,500.00 will be paid to Adolfo Salomon and attorney of record Thomas Cammack III with Thomas J. Henry Law.  This will be funded in accordance with the FY 2021 Liability Fund Adopted Budget.

 

 

RECOMMENDATION:

 

Staff recommends approval of this item.