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File #: 17-5171   
Type: Misc - Settlement Agreements
In control: City Council A Session
On agenda: 9/21/2017
Posting Language: An Ordinance authorizing the settlement of litigation styled Jose Samaniego v. City of San Antonio, Cause Number 2016-CI-02552 pending in the 438th Judicial District Court, Bexar County, Texas in an amount up to $120,000.00. [Andrew Segovia, City Attorney]
Attachments: 1. Ordinance 2017-09-21-0696

DEPARTMENT: City Attorney’s Office

 

DEPARTMENT HEAD: Andrew Segovia

 

COUNCIL DISTRICTS IMPACTED: City Wide

 

SUBJECT:

 

Settlement of Jose Samaniego v. City of San Antonio

 

SUMMARY:

 

This item authorizes the settlement of a lawsuit styled Jose Samaniego v. City of San Antonio; Cause Number 2016-CI-02552 pending in the 438th Judicial District, Bexar County, Texas in the amount of $120,000.00 paid from the Self-Insurance Liability Fund.

 

BACKGROUND INFORMATION:

 

Jose Samaniego is seeking damages as a result of a motor vehicle accident that occurred on July 25, 2014 in the 6200 block of Old Pearsall Road in San Antonio involving a City vehicle and a vehicle being operated by Jose Samaniego.

 

The parties have reached a mutual agreement to settle these claims including payment to Mr. Samaniego in the amount of $120,000.00, 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, $120,000.00 will be paid to Jose Samaniego and his attorney of record.  This will be funded in accordance with the FY 2017 Liability Fund Adopted Budget.

 

RECOMMENDATION:

 

Staff recommends approval of this Ordinance.