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File #: 20-5814   
Type: Misc - Settlement Agreements
In control: City Council A Session
On agenda: 10/8/2020
Posting Language: Ordinance approving the settlement of litigation styled John Brubeck v. City of San Antonio in the amount of $206,000.00 payable from the Self-Insurance Liability Fund. [Andy Segovia, City Attorney]
Attachments: 1. Draft Ordinance, 2. Ordinance 2020-10-08-0736

DEPARTMENT: City Attorney’s Office                     

 

 

DEPARTMENT HEAD: Andy Segovia, City Attorney

                     

                     

COUNCIL DISTRICTS IMPACTED: Citywide

 

 

SUBJECT:

 

Settlement of litigation styled John Brubeck v. City of San Antonio

 

 

SUMMARY:

 

This item will approve the settlement of a lawsuit styled John Brubeck v. City of San Antonio, Cause Number 2019-CI-111545 pending in the 73rd District County, Bexar County, Texas, in an amount of $206,000.00 from the Self Insured Liability Fund.

 

 

BACKGROUND INFORMATION:

 

On September 7, 2018, an auto accident occurred near the Highway 90 Exit Ramp for South Zarzamora when a City owned vehicle being driven by an employee of the Solid Waste Management Department collided with a vehicle being driven by John Brubeck.  Mr. Brubeck suffered injuries, incurred medical expenses and is seeking to recover damages from the City. 

 

The parties have agreed to settle the claims of Mr. Brubeck for $206,000.00, subject to City Council approval.  The funds are available from the FY 2021 Liability Fund Adopted Budget.

 

 

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.

 

 

FISCAL IMPACT:

 

If approved, $206,000.00 will be paid to John Brubeck and his attorney of record Andrew Toscano.  This will be funded in accordance with the FY 2021 Liability Fund Adopted Budget.

 

 

RECOMMENDATION:

 

Staff recommends approval of this item.