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 Jacob Roldan Notice of Claim
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Purpose and Request:
recommended action
The County received a Notice of Claim on behalf of claimant Jacob Roldan related to a motor-vehicle accident that occurred on October 29, 2024. 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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Alignment with Strategic Plan: Good Governance - Understand and respond to community needs, interests, and values.
Background and Discussion: On October 29, 2024, Mr. Roldan was driving northbound on Parker Road approaching Orchard Road in Centennial. The light was red as he approached the intersection, so he was slowing, but the light turned green and he then accelerated toward the intersection along with a couple of cars that had been sitting at the red light. At the same time, an Arapahoe County Deputy Sheriff was responding emergent to a fire alarm at Antelope Ridge Elementary School and had his emergency lights and sirens activated. Call notes report there was smoke coming from the school’s kitchen, and the school was being evacuated. The Deputy entered the intersection on a fresh red stop light from eastbound Orchard Road, and the collision with Mr. Roldan occurred. Based on the available evidence, the County may be found liable for the accident despite potentially having immunity. 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 Implementation Strategies: N/A.
Concurrence: Risk Management concurs with this request.