Broken Arrow City Council
Meeting of: 04-17-18
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, possible approval and authorization to execute Resolution No. 1099, a Resolution authorizing the City Attorney to enter into a proposed Joint Application for Approval of Settlement and a Journal Entry of Judgment in regard to the matter of Juan Rodriguez v. City of Broken Arrow, et al., Case No. CJ-2017-978 in the District Court for Tulsa County, State of Oklahoma and directing the City Attorney to prepare and file the necessary documents to effectuate settlement, including a Journal Entry of Judgment for the Court’s approval, pursuant to 51 O.S. § 158
End
Background:
On March 13, 2017, Juan Rodriguez filed suit against the City of Broken Arrow, Case No. CJ-2017-978, alleging the City of Broken Arrow caused Mr. Rodriguez’s single vehicle accident because of water accumulating over the intersection of West Jasper and S. Kalanchoe Ave due to a water main break that the City failed to eliminate or warn the traveling public. Mr. Rodriguez underwent decompression surgery at the L4 and L5 lumbar vertebrae level, submitted medical bills totaling $183,794.25 and a property damage estimate of $9,503.00 allegedly incurred from this incident. A settlement of all claims was reached between the parties in the sum of $125,000.00, which Council previously authorized.
The attached Resolution authorizes the Journal Entry of Judgment in this matter as well as direction to prepare and file documentation necessary to effectuate the terms of the settlement.
Cost: $125,000.00
Prepared By: Trevor A. Dennis, Deputy City Attorney
Reviewed By: Finance Department
Assistant City Manager - Operations
Approved By: Michael L. Spurgeon, City Manager
Attachments: Resolution No. 1099
Recommendation: Approve Resolution No. 1099 and authorize its execution.