To: Board of County Commissioners
Through: Ronald Carl, County Attorney
Prepared By:
prepared
Writer Mott, Deputy County Attorney
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Subject:
title
Approval of a resolution authorizing settlement of Estate of Gregory Hey Notice of Claim
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Purpose and Request:
recommended action
The County received a Notice of Claim on behalf of the Estate of Gregory Hey related to a fatal motor-vehicle accident involving an ACSO Deputy that occurred on April 26, 2023. This BSR and the accompanying resolution seek the Board’s formal approval of the settlement the parties agreed to in principle during mediation and as previously discussed with the Board.
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Background and Discussion: This case stems from an automobile accident on April 26, 2023, in which Deputy John Klarin was responding to an emergency call for service with lights and siren activated in an unmarked Sheriff’s Office SUV when he collided with a vehicle driven by Gregory Hey who made a left turn from a stop sign in front of Deputy Klarin. Deputy Klarin’s vehicle struck Mr. Hey’s vehicle at the driver’s side door, killing Mr. Hey and his passenger Judith Stein.
The parties participated in mediation on January 12, 2024, during which they reached an agreement in principle on the terms of a settlement, subject to formal approval by the Board.
Alternatives: If the Board elects not to approve the settlement, the Estate of Gregory Hey will file litigation, and the County could risk judgment being entered in the Estate’s favor in excess of the settlement amount and up to the $424,000 statutory damages cap.
Fiscal Impact: The County will be required to pay the settlement amount agreed to by the parties that was previously discussed with and approved by the Board.
Alignment with Strategic Plan:
☒Be fiscally sustainable
☒Provide essential and mandated service
☒Be community focused
Concurrence: Risk Management concurs with this request.
Resolution: A draft resolution is included.