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File #: 18-2839   
Type: Misc - Settlement Agreements
In control: City Council A Session
On agenda: 4/19/2018
Posting Language: Ordinance approving the settlement of a lawsuit styled Rosa Martinez v. City of San Antonio, et al, Cause Number 393432 pending in the County Court at Law #5, Bexar County, Texas in the amount of $100,000.00 [Andrew Segovia, City Attorney]
Attachments: 1. Ordinance 2018-04-19-0293

DEPARTMENT: City Attorney’s Office

 

DEPARTMENT HEAD: Andrew Segovia

 

COUNCIL DISTRICTS IMPACTED: City Wide

 

SUBJECT:

 

Settlement of a lawsuit styled Rosa Martinez  v. City of San Antonio

 

SUMMARY:

 

This item authorizes the settlement of a lawsuit styled Rosa Martinez v. City of San Antonio; Cause Number 393432 pending in County Court at Law #5, Bexar County, Texas in the amount of $100,000.00 paid from the Self-Insurance Liability Fund.

 

BACKGROUND INFORMATION:

 

Rosa Martinez is seeking damages as a result of a motor vehicle accident that occurred on April 24, 2012 at the intersection of Rittiman Road and Industry Park in San Antonio involving a City vehicle and a private vehicle operated by Rosa Martinez.

 

The parties have reached a mutual agreement to settle these claims including payment to Ms. Martinez in the amount of $100,000.00, 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, $100,000.00 will be paid to Rosa Martinez and her attorney of record.  This will be funded in accordance with the FY 2018 Liability Fund Adopted Budget.

 

RECOMMENDATION:

 

Staff recommends approval of this Ordinance.