After a man claimed that the City of Scottsdale was responsible for injuries and property damage sustained while riding his bike, City Council has authorized settling the claim for a total of $55,000.
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After a man claimed that the City of Scottsdale was responsible for injuries and property damage sustained while riding his bike, City Council has authorized settling the claim for a total of $55,000.
During a Feb. 4 Scottsdale City Council meeting, a resolution was approved on consent to authorize the mayor to proceed with settling the claim against the city, lodged by Eric Brown on Sept. 19, 2019, according to a city staff report.
Stemming from a bicycle accident that happened at Stage Coach Pass Road on April 21, 2019, Mr. Brown alleged that he was seriously injured and his property was damaged when his bike tire “came into contact with erosion wear” on a city-owned and maintained street.
Initially, he sought $95,000 from the city, reportedly noting $43,327.98 in medical bills and property damage; but if the matter went to trial, then Mr. Brown is said to have sought damages “far in excess of the amount sought in his Notice of Claim.”
City representatives investigated the Notice of Claim, reviewing the facts about the accident, including statements from witnesses and medical evidence that the claimant provided and determined that settlement was in the best interest of the city, according to the staff report.
Early settlement before litigation would prove to be the most cost-effective means of resolving the matter, the report stated, detailing how the City Attorney’s Office consulted with the Risk Management Department and recommended in favor of the proposed $55,000 settlement to eliminate the risk and uncertainty of trial.
Funds are available in the City’s Risk Management Operating Budget, according to the report.
Approval of the proposed settlement is said to bring the case to a close, eliminating the need for staff resources from various departments to be spent on the case.
The proposed settlement may be included in the City’s primary property tax rate for the next year although that determination would still be based upon an Arizona Attorney General opinion, the report stated, citing that the City of Scottsdale has a practice of including paid tort settlements equal to or greater than $20,000 in its primary tax rate to reimburse the Self-Insured Fund for payment of claim.
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