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File #: 16-5447   
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 Babe Anderson v. City of San Antonio, pending in the 45th Judicial District Court, Bexar County, Texas, Cause Number 2015-CI-12803 in the amount of $75,000.00 paid from the Self-Insurance Liability Fund. [Andrew Segovia, City Attorney]
Attachments: 1. Ordinance 2016-10-20-0819

DEPARTMENT: City Attorney’s Office                     

 

 

DEPARTMENT HEAD: Andrew Segovia

                     

                     

COUNCIL DISTRICTS IMPACTED: City Wide

 

 

SUBJECT:

 

Settlement of Babe Anderson v. City of San Antonio

 

 

SUMMARY:

 

This item authorizes the $75,000.00 settlement of a lawsuit styled Babe Anderson vs. City of San Antonio pending in the 45th Judicial District Court, in Bexar County, Texas, Cause Number 2015-CI-12803.  The settlement will be paid from the Self-Insurance Liability Fund.

 

 

 

BACKGROUND INFORMATION:

 

Plaintiff Babe Anderson is seeking damages for personal injuries that occurred when he was struck by a Solid Waste truck while crossing the street at the 600 block of General McMullen, after exiting a VIA bus.  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 Babe Anderson and Jim S. Adler and Associates.  This will be funded in accordance with the Adopted FY 2017 Liability Fund Budget.

 

 

RECOMMENDATION:

 

Staff recommends approval of this Ordinance.