10.C.
City Council Meeting - FINAL
- Meeting Date:
- 01/15/2013
- From:
- Margaret Penado, Risk Management Specialist
Information
TITLE:
Consideration and Approval of Settlement for Injury Claim: Heirs of Kyle R. Garcia, Deceased (Gabriel Garcia, father; Santino Garcia, son of Kyle, a minor through his guardians Leandro and Eleanor Carillo; Solome Garcia , daugther of Kyle, a minor through his legal guardians, Harold and Angela Trimble, for their wrongful death claims) versus the City of Flagstaff.
RECOMMENDED ACTION:
Confirming settlement between the City of Flagstaff and statutory beneficiaries of deceased Kyle R. Garcia. Listed beneficiaries are Santino Garcia, a minor child and his guardians; Leandro and Eleanor Carillo; Salome Garcia, a minor child, and her guardians: Harold and Angel Trimble, and Gabriel Garcia, father of the deceased.
Policy Decision or Reason for Action:
Confirming settlement agreement of $100,000 for a full mutual release of all claims related to the City resolved by this settlement. Case # CV2008-00731 dismissed with prejudice, all parties to pay their own costs and attorney's fees.
Financial Impact:
- The City’s self insurance trust fund has paid $50,000 in defense costs prior to reaching settlement. Travelers Insurance on behalf of the City has agreed to pay $100,000 settlement as well as any residual defense costs (presently $297,293.73 )
- Note that the State of AZ agreed to pay ½ of the defense cost on this case due to their involvmeent. To date they have paid $143,602.51 to Travelers on 04/11/2012.
Connection to Council Goal:
Effective governance and appropriation of resources
Has There Been Previous Council Decision on This:
March 12, 2007, Council authorized expenditure of City’s $50,000 self insured retention and to proceed with defense and/or settlement of claim. The action also authorized City Manager to execute necessary documents to effectuate settlement
Options and Alternatives:
Confer further with insurance company regarding settlement and closure of case.
Community Benefits and Considerations:
Inform
Consult
Involve
Collaborate
Empower
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Council Action:
Motion to confirm by CC on 1/15/2013 - EAB
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Legal Assistant | Vicki Baker | 01/09/2013 02:02 PM |
| Legal Assistant | Vicki Baker | 01/10/2013 08:56 AM |
- Form Started By:
- mpenado
- Started On:
- 01/09/2013 01:02 PM
- Final Approval Date:
- 01/11/2013