Legislation Details

File #: AR-2025-0081    Version: 1 Name:
Type: Other Business Item Status: Passed
File created: 2/28/2025 In control: City Council
On agenda: 3/3/2025 Final action: 3/3/2025
Title: Provide direction regarding settlement related to a motor vehicle accident that occurred on May 28, 2022 (Claim #396134).

                     COUNCIL AGENDA ITEM

 

SUBJECT:

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Provide direction regarding settlement related to a motor vehicle accident that occurred on May 28, 2022 (Claim #396134).

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DEPARTMENT:

City Attorney

 

SUMMARY:

On May 28, 2022, a marked city ambulance, operating with emergency lights and sirens and transporting a patient, was traveling north bound on Nova Road in Daytona Beach and entered the intersection at Bellevue Avenue without slowing. Nestor Reyes was traveling west bound on Bellevue Avenue with a green light as he approached Nova Road. The front of Mr. Reyes’ vehicle struck the passenger side of the ambulance in the intersection. 

 

Mr. Reyes sustained injuries to his right knee, right leg, neck and back.  He incurred approximately $21,381.15 in medical expenses.

 

Mr. Reyes passed away in early 2023 due to issues unrelated to the accident.  Mr. Reyes’ estate made a demand of $250,000.00 and the matter was brought before the Council on February 5, 2024 with a recommendation from PGCS to make a counter-offer of $25,000.00 to settle the claim.  The Council authorized PGCS to settlement the claim for $25,000.00.  This offer was rejected by the Claimant. 

 

Claimant’s counsel recently reduced Claimant’s demand to $40,000.00.  PGCS recommends that the City offer $35,000.00 to settle the claim.

 

BUDGETED ITEM:                       ☐ Yes ☐ No ☒ Not Applicable

 

BUDGET AMENDMENT REQUIRED:                       ☐ Yes ☐ No ☒ Not Applicable

 

RECOMMENDED ACTION:

Direct staff to authorize PGCS to settle Claim #396134 for $35,000.00.