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HomeMy WebLinkAbout05-City Administrator '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