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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☐ Safe & Prosperous |
☒ Motion |
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City Attorney |
☐ Active & Appealing |
☐ Resolution |
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☒ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☐ Ordinance - Adoption |
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Administration |
☐ Unique & Creative |
☐ Public Hearing |
TITLE:
title
Settlement: Aguayo, et al. v. City of Yuma, et al.
end
SUMMARY RECOMMENDATION:
Summary Recommendation
Authorize settlement of a lawsuit, Aguayo, et al. v. City of Yuma, et al., Yuma County Superior Court Case No. S1400CV2022-00579 and Arizona Court of Appeals No. 2 CA-CV 2023-0188. (City Attorney) (Richard W. Files)
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STRATEGIC OUTCOME:
The resolution of this lawsuit supports the City Council’s Respected and Responsible strategic outcome.
REPORT:
This lawsuit stems from a traffic collision that occurred on October 27, 2021, at approximately 6:00 a.m. in the 1800 Block of W. 8th Street, involving a City employee driving a City vehicle and Plaintiffs C. Aguayo and Rios, the driver and passenger of a 2010 Chevrolet Silverado pick-up truck owned by Plaintiff A. Aguayo.
The occupants of the vehicle sought $140,000.00 to settle their personal injury claims and the owner of the vehicle sought $24,175.00 to settle her property damage claim ($164,175.00 total). The City believes there was some comparative fault in the matter and offered an early global settlement of $46,000.00 to resolve all claims. Plaintiffs rejected the offer and filed a lawsuit against the City.
During litigation, the City successfully dismissed part of the lawsuit through a motion to dismiss. Plaintiffs appealed the City’s dismissal and the matter was assigned to Division 2 of the Arizona Court of Appeals in Tucson where the judges and attorneys flagged the matter for mediation.
After a half-day mediation and subject to approval by the City Council, the Parties agreed to a full and final global settlement of $51,700.00 with $43,200.00 apportioned to the occupants of the Silverado, C. Aguayo and Rios, for their personal injury; and $8,500.00 to A. Aguayo for her property damage to completely resolve the lawsuit. The City Attorney’s Office believes this settlement is fair and reasonable considering the facts and the potentials costs of further litigation and appeal.
Adoption of this motion authorizes and directs the City Attorney’s Office to settle the Aguayo, Rios, and Aguayo claims for $51,700.00 for personal injuries and property damage.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 51,700.00 |
BUDGETED: |
$ 51,700.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 51,700.00
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Insurance reserve Fund: 502-20-10.6305 |
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To total; right click number & choose “Update Field” |
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FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☐ City Clerk’s Office
☐ Document to be recorded
☐ Document to be codified
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Acting City Administrator: |
Date: |
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John D. Simonton |
12/11/2023 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
12/07/2023 |