To: Board of County Commissioners
Through: Ron Carl, County Attorney
Prepared By:
prepared
Ben Swartzendruber, Sr. Assistant County Attorney
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Subject:
title
Approval of a resolution authorizing settlement of Jesus Martinez Notice of Claim
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Purpose and Request:
recommended action
The County received a Notice of Claim on behalf of claimant Jesus Martinez related to a motor-vehicle accident that occurred on May 1, 2023. This BSR and the accompanying resolution seek the Board’s formal approval of the settlement the parties agreed to in principle and as previously discussed with the Board.
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Background and Discussion: On May 1, 2023 at approximately 7:12 p.m., claimant was the driver of a vehicle headed westbound and was stopped on Quincy Avenue waiting to turn left onto Harvest Road once traffic allowed. At the same time, an Arapahoe County CSU Extension employee was heading westbound on Quincy after leaving the Fairgrounds. The employee did not see claimant’s vehicle because the setting sun was in her line of sight, and she rear-ended claimant’s vehicle while traveling at approximately 45 mph. Based on the available evidence, the County may be found liable for the accident. With the Board’s blessing, the parties’ counsel negotiated an agreement in principle on the terms of a settlement, subject to formal approval by the Board.
Alternatives: If the Board rejects the settlement, claimant will file litigation, and the County could risk judgment being entered in claimant’s favor in excess of the settlement amount.
Fiscal Impact: The County will be required to pay the settlement amount agreed to by the parties that was previously discussed with 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.