Legislation Details

File #: 24-260    Version: 1
Type: Resolution Status: Passed
File created: 5/1/2024 In control: Board of County Commissioners Business Meeting
On agenda: 5/14/2024 Final action: 5/14/2024
Title: Approval of Settlement of Ballon Notice of Claim
Attachments: 1. Board Summary Report, 2. Resolution

To:                                                               Board of County Commissioners

 

Through:                                          Ronald Carl, County Attorney

 

Prepared By:

prepared

Ben Swartzendruber, Sr. Assistant County Attorney

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Subject:

title

Approval of Settlement of Ballon Notice of Claim

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Purpose and Request:

recommended action

The County received a Notice of Claim on behalf of claimant Robert Ballon related to a slip-and-fall accident that occurred on January 5, 2023. This report 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: On January 5, 2023, claimant was exiting the Arapahoe County Justice Center when he slipped on a patch of ice and fell.  Based on the available evidence, the County could possibly be found liable for the accident. The parties participated in mediation on April 17, 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 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.