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File #: 16-5446   
Type: Misc - Settlement Agreements
In control: City Council A Session
On agenda: 10/20/2016
Posting Language: An Ordinance authorizing the settlement of a lawsuit styled Virginia Finster v. City of San Antonio, Cause Number 2015CV6772 pending in the County Court at Law No. 10 in Bexar County, Texas in an amount up to $75,000.00 from the Self-Insurance Liability Fund. [Andrew Segovia, City Attorney]
Attachments: 1. Ordinance 2016-10-20-0818

DEPARTMENT: City Attorney’s Office                     

 

 

DEPARTMENT HEAD: Andrew Segovia

                     

                     

COUNCIL DISTRICTS IMPACTED: City Wide

 

 

SUBJECT:

 

Settlement of Virginia Finster vs. City of San Antonio

 

 

SUMMARY:

This item authorizes the $75,000.00 settlement of a lawsuit styled Virginia Finster vs. City of San Antonio pending in the County Court at Law No. 10, in Bexar County, Texas, Cause Number 2015CV6772.  The settlement will be paid from the Self-Insurance Liability Fund.

 

 

BACKGROUND INFORMATION:

 

Plaintiff Virginia Finster is seeking damages for personal injuries that occurred when the vehicle she was driving was rear ended by an SAPD patrol vehicle. The parties have reached a mutual agreement to settle all claims for the amount of $75,000.00 payable 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, $75,000.00 will be paid to Virginia Finster and her attorneys, Gostomski and Hecker, P.C.  This will be funded in accordance with the Adopted FY 2017 Liability Fund Budget.

 

 

RECOMMENDATION:

 

Staff recommends approval of this Ordinance.