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File #: 19-7561   
Type: Miscellaneous Item
In control: City Council A Session
On agenda: 10/17/2019
Posting Language: Ordinance approving the settlement of a lawsuit styled Carlos Mendoza v. City of San Antonio; Cause Number 2016-CI-09979, pending in 73rd District Court, Bexar County, Texas in the amount of $115,000.00 paid from the Self-Insurance Liability Fund. [Andrew Segovia, City Attorney]
Attachments: 1. Ordinance 2019-10-17-0851

DEPARTMENT: City Attorney’s Office

 

DEPARTMENT HEAD: Andrew Segovia

 

COUNCIL DISTRICTS IMPACTED: City Wide

 

SUBJECT:

Settlement of a lawsuit styled Carlos Mendoza v. City of San Antonio

 

SUMMARY:

This item authorizes the settlement of a lawsuit styled Carlos Mendoza v. City of San Antonio; Cause Number 2016-CI-09979, pending in 73rd Judicial District Court, Bexar County, Texas in the amount of $115,000.00.  This amount will be paid from the Self-Insurance Liability Fund.

 

BACKGROUND INFORMATION:

Carlos Mendoza is seeking damages as a result of an auto accident that occurred on July 30, 2015 at the intersection of Cesar Chavez and South Flores in San Antonio.  The accident involved a vehicle being operated by Mr. Mendoza and a San Antonio Park Police vehicle. 

 

The parties have reached a mutual agreement to settle these claims with payment to Mr. Mendoza in the amount of $115,000.00, 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, $115,000.00 will be paid to Carlos Mendoza and his attorney of record, Fidel Rodriguez.  This will be funded in accordance with the FY 2020 Liability Fund Adopted Budget.

 

RECOMMENDATION:

Staff recommends approval of this item.