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2.
City Council Combined Special Meeting/Work Session
Meeting Date:
04/08/2025
From:
Kevin Fincel, Deputy City Attorney

TITLE:

Consideration and Approval of Settlement:  The matter of Jeanie Middleton v. City of Flagstaff, case No. CV2022-00568, currently pending in Coconino County Superior Court. 
 

STAFF RECOMMENDED ACTION:

  1. Approve settlement of the Jeanie Middleton v. City of Flagstaff lawsuit pursuant to the terms discussed in executive session, and
  2. Authorize and direct the City Manager and/or City Attorney to execute all documents and take other actions as are necessary to finalize the settlement.

Executive Summary:

This lawsuit stems from a trip and fall on a sidewalk. Ms. Middleton is alleging injuries and seeking damages as a result of the fall..

Legal counsel for the City have reached a tentative settlement of this particular lawsuit, subject to the approval of the City Council. The tentative settlement and legal advice related thereto were discussed with the City Council in executive session on April 8, 2025.

Financial Impact:

Funding for this settlement is available through the City's self-insurance trust fund and its insurance with the Arizona Municipal Risk Retention Pool.

Policy Impact:

None.

Previous Council Decision or Community Discussion:

No.

Options and Alternatives to Recommended Action:

The City Council can approve the tentative settlement, which will conclude the matter, or deny approval of the tentative settlement and direct counsel to proceed to trial on the merits.

Background and History:

N/A.

Connection to PBB Priorities and Objectives:

N/A.

Connection to Regional Plan:

N/A.

Connection to Carbon Neutrality Plan:

N/A.

Connection to 10-Year Housing Plan:

N/A.

Connection to Division Specific Plan:

N/A.