To: Board of County Commissioners
Through: John Christofferson, Acting County Attorney
Prepared By:
prepared
Ben Swartzendruber, Sr. Assistant County Attorney
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Subject:
title
Approval of a resolution authorizing settlement of Deborah Chapman litigation
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Purpose and Request:
recommended action
The County received a Notice of Claim and later litigation filed by claimant Deborah Chapman related to a motor-vehicle accident that occurred on May 10, 2024. This BSR and the accompanying resolution seek the Board’s formal approval of the settlement the parties have agreed to in principle and as previously discussed with the Board.
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Alignment with Strategic Plan: Good Governance - Operate in transparent, inclusive, and communicative manner.
Background and Discussion: On May 10, 2024, claimant was driving a vehicle headed eastbound on Lincoln Avenue near the intersection of East Village Center Drive in Douglas County. At the same time, an Arapahoe County Crime Scene Investigator was traveling behind claimant. Claimant stopped as a result of a car stalling in front of her, resulting in the Arapahoe County employee rear-ending claimant at low speed. 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’s litigation will proceed, 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.