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'CI. OF SAN BERNARDeO - REQU.T FOR COUNCIL A~ON
From:
Raymond D. Schweitzer
Subject:
Liability Claim Settlement
Dept:
Acting City Administrator
Date:
June 24, 1986
Synopsis of Previous Council ection:
NONE.
Recommended motion:
That the Acting Director of Risk Management and Emergency Services
be authorized to settle liability claim 83B-064, Superior Court
case 222382 Kula, et al v. Rick Donald Warren, et al. for the sum
of $7,500.00.
Contact person: Kevin D. Sovereign
Phone:
5201
Supporting data atteched:
Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount: $7.500.00
Sauroe: 629-453-53510
Finance:
Council Notes:
75-0262
""S
Agenda Item No. ~ ,
. ,
~I. OF SAN BERNARD. - REQU.... FOR COUNCIL ACitoN
STAFF REPORT
Kula, et al. v. Warren, et al.
This liability claim is the result of a fatal traffic
accident which occurred on the south face of Little
Mountain approximately 1300 feet north of the 1400
block of W. Edgehill Dr. on September 7, 1983 at about
11:38 p.m. Both the driver of the Jeep involved, Rick
Warren, and his passenger, Steven Kula, died as a result
of injuries they suffered when the vehicle overturned
several times as they were attempting to descend the
mountain. Toxicological tests indicate that both of these
young men were legally intoxicated.
The point where the Jeep began its descent and the points
of rest of the vehicle and the victims lie within city
property.
The plaintiff in this action is Mr. Kula's mother and the
primary defendant is the Estate of Rick Warren, which ess-
entially consists of an automobile liability insurance
pOlicy. Warren's insurance company has reached a negotiated
settlement with the plaintiff in the amount of $75,000. The
owner of an adjoining parcel of land has also reached a settle-
ment for an unknown amount.
Settlement of this matter is being recommended only on the
basis of economic considerations without regard to the defensi-
bility of the plaintiff's allegations. Further defense costs
of $10,000 or more were anticipated at the time that Mr. Sol-
heim tendered this settlement figure to the plaintiff on or
before June 10, 1986.
kds
75-0264