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File #: 18-4968   
Type: Misc - Settlement Agreements
In control: City Council A Session
On agenda: 8/30/2018
Posting Language: Ordinance approving the settlement of a lawsuit styled Tracy Ann Carter, et al v. City of San Antonio, et al; Cause Number 2017-CI-21176, pending in 150th Judicial District Court, Bexar County, Texas in the amount of $225,000.00 paid from the Self-Insurance Liability Fund. [Andrew Segovia, City Attorney]
Attachments: 1. Ordinance 2018-08-30-0670

DEPARTMENT: City Attorney’s Office

 

DEPARTMENT HEAD: Andrew Segovia

 

COUNCIL DISTRICTS IMPACTED: City Wide

 

SUBJECT:

Settlement of a lawsuit styled Tracy Ann Carter, et al v. City of San Antonio, et al

 

SUMMARY:

This item authorizes the settlement of a lawsuit styled Tracy Ann Carter, et al v. City of San Antonio, et al; Cause Number 2017-CI-21176, pending in 150th Judicial District Court, Bexar County, Texas in the amount of $225,000.00 paid from the Self-Insurance Liability Fund.

 

BACKGROUND INFORMATION:

Tracy Ann Carter, Individually and as representative of the estate of Josephine Carter, Deceased and Paul Allen Carter are Cynthia Harris is (corrected August 29, 2018) seeking damages as a result of an auto accident that occurred on July 4, 2017 in San Antonio.

 

The parties have reached a mutual agreement to settle these claims including payment to Ms. Rodriguez in the amount of $225,000.00, 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, $225,000.00 will be paid to Tracy Ann Carter, et al and their attorney of record.  This will be funded in accordance with the FY 2018 Liability Fund Adopted Budget.

 

RECOMMENDATION:

Staff recommends approval of this item.