city of San Antonio


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File #: 19-2065   
Type: Misc - Settlement Agreements
In control: City Council A Session
On agenda: 2/21/2019
Posting Language: Ordinance approving the settlement of a lawsuit styled John McJilton v. City of San Antonio, et al.; Cause Number 2017-CI-14721, pending in 45th Judicial District Court, Bexar County, Texas in the amount of $95,000.00 paid from the Self-Insurance Liability Fund. [Andrew Segovia, City Attorney]
Attachments: 1. Ordinance 2019-02-21-0143
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DEPARTMENT: City Attorney’s Office

 

DEPARTMENT HEAD: Andrew Segovia

 

COUNCIL DISTRICTS IMPACTED: City Wide

 

SUBJECT:

Settlement of a lawsuit styled John McJilton v. City of San Antonio, et al.

 

SUMMARY:

This item authorizes the settlement of a lawsuit styled John McJilton v. City of San Antonio, et al; Cause Number 2017-CI-14721, pending in 45th Judicial District Court, Bexar County, Texas in the amount of $95,000.00.  This amount will be paid from the Self-Insurance Liability Fund.

 

BACKGROUND INFORMATION:

John McJilton is seeking damages from an accident that occurred on August 22, 2015 in the 21100 Bulverde Road in San Antonio involving a bicycle being operated by Mr. McJilton and a City owned vehicle.

 

The parties have reached a mutual agreement to settle these claims with payment to Mr. McJilton in the amount of $95,000.00, 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, $95,000.00 will be paid to John McJilton and his attorney Taylor Harper, Ketterman, Westlund and Rowland. This will be funded in accordance with the FY 2019 Liability Fund Adopted Budget.

 

RECOMMENDATION:

Staff recommends approval of this item.