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 Veronica Hernandez Notice of Claim
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Purpose and Request:
recommended action
The County received a Notice of Claim on behalf of claimant Veronica Hernandez related to a motor-vehicle accident that occurred on February 1, 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 February 1, 2024, Ms. Hernandez was driving westbound in the #1 lane (far left) on E. Alameda Ave. The County’s employee was waiting to turn left across westbound Alameda onto eastbound Alameda to return to Centrepoint Plaza. The #2 and #3 westbound lanes were stopped, so the County’s employee attempted to make the left-hand turn. As he attempted to pull across the #1 lane, the front of the County vehicle struck the passenger side of Ms. Hernandez’s vehicle in the front quarter panel and forced her vehicle partially onto the median. 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 Implementation Strategies: N/A.
Concurrence: Risk Management concurs with this request.