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STRATEGIC OUTCOMES |
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ACTION |
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Department: |
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Safe & Prosperous |
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Motion |
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City Attorney |
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Active & Appealing |
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Resolution |
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Respected & Responsible |
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Ordinance - Introduction |
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Division: |
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Connected & Engaged |
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Ordinance - Adoption |
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Administration |
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Unique & Creative |
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Public Hearing |
TITLE:
title
Settlement: Candela v. City of Yuma
end
SUMMARY RECOMMENDATION:
Summary Recommendation
Authorize settlement in full of a personal injury lawsuit. (City Attorney) (Richard Files)
end
STRATEGIC OUTCOME:
The resolution of this lawsuit supports the City Council’s Respected and Responsible strategic outcome.
REPORT:
This settlement involves a personal injury claim stemming from a motor vehicle collision on November 13, 2023, for which the City’s employee was at fault. The Plaintiffs’ initial demand was $5.5 million.
The Parties and Travelers, the City’s insurance carrier, engaged in mediation to avoid the continuing expenses of litigation and the uncertainty of a trial, including the numerous medical experts necessary for defense. The Parties negotiated a settlement of $900,000.00 to fully and finally resolve this lawsuit with Traveler’s representative in attendance and agreement.
To date the defense costs, which have been paid out of the City’s $300,000.00 self-insurance retention (deductible) consist of expert witness fees, outside attorney costs, and discovery costs for a total of $296,929.12. The City will pay the remaining $3,070.88 to Travelers to meet the $300,000.00 deductible under the City’s policy. Travelers will then pay the full $900,000.00 settlement amount to the Plaintiffs.
The City Attorney's Office recommends authorization of this settlement to obtain a full and final release of all claims against the City alleged by the Plaintiffs.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 3,070.88 |
BUDGETED: |
$ 300,000.00 |
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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: |
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TOTAL |
$3,070.88 |
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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?
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Department |
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City Clerk’s Office |
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Document to be recorded |
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Document to be codified |
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Acting City Administrator: |
Date: |
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John D. Simonton |
09/29/2026 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
09/28/2026 |