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 Clerk
SUMMARY:
On May 28, 2022, a marked city ambulance, operating with lights/sirens in emergency mode transporting a patient, was traveling north bound on South Nova Road, approaching the intersection of Bellevue Avenue. Nestor Reyes (claimant) was traveling west bound, in the south bound turn lane, of Bellevue Avenue, approaching the intersection of South Nova Road.
The ambulance entered the intersection without slowing to be sure the intersecting roadway traffic was aware of their approach. The claimant, traveling on the intersecting roadway with a green light struck the passenger side of the ambulance. Speed of the claimant vehicle is noted to be 15MPH in a 30MPH zone and the speed of the city vehicle is noted to be 50MPH in a 50MPH zone. There was another vehicle traveling in the opposite direction as the claimant that was able to come to a stop to avoid a collision with the client vehicle. Review of intersection camera video shows the impact to be a sideswipe type impact, confirming the city vehicle never slowed prior to entering the intersection and that the claimant vehicle was traveling at a slow speed.
The claimant did not report any injuries on scene and did not receive any treatment until six (6) after the accident, incurring approximately $21,381.15 in medical expenses. Mr. Reyes passed away in early 2023 due to issues unrelated to the accident; his estate has made a demand of $250,000.
PGCS Evaluation: Medical bills are negotiable. Claimant employed as self-employed roofer and no lost wage docs provided - likely continued to work after this MVA. Good surveillance obtained of claimant lifting heavy objects without issue 4 months after the DOL. 25% liability on the claimant; settlement value $14,525.00 - $23,535.86 with a recommended settlement of this claim up to $25,000.
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 up to $25,000.