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Scottsdale to mend woman’s fall with $80K

Posted 1/21/20

A woman who allegedly tripped and fell over a traffic control junction box during her daily walk, a couple of years ago, will receive $80,000 from the City of Scottsdale.

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Scottsdale to mend woman’s fall with $80K

Posted

A woman who allegedly tripped and fell over a traffic control junction box during her daily walk, a couple of years ago, will receive $80,000 from the City of Scottsdale.

Authorizing an $80,000 settlement, Scottsdale City Council members approved, on consent at its Jan. 14 meeting, a resolution to move forward in settling with Roberta Fox whose lawsuit is pending against the city in Maricopa County Superior Court.

In what was noted as Ms. Fox’s negligence lawsuit against the city, which stemmed from a trip and fall accident in the area of Hayden and Jackrabbit roads, she reportedly claimed injuries and damages resulting from the incident, according to a city staff report.

Initially seeking $345,982.20 as a settlement, Ms. Fox alleged that the city had “breached the standard of care in the subject area because the traffic control junction box had settled to a grade below that of the sidewalk.”

Before filing suit, Ms. Fox filed a Notice of Claim with the city for the $345,982.20, citing her past and future medical bills, the report said, adding that her medical expenses were about $80,000.

If the matter proceeded to trial, according to the staff report, Ms. Fox was set to claim damages for pain and suffering too.

Although the city denies any liability and contends that the plaintiff, Ms. Fox, is “at least partially, if not wholly, at fault for the accident and any associated damages,” the city was prompted to reach the $80,000 tentative settlement agreement in efforts to dismiss the case and terminate litigation.

The City Attorney’s Office and Risk Management Department staff has worked with outside counsel as a defense in the pending case, with parties preparing for trial and exchanging disclosure and discovery.

A court-ordered mediation was held Dec. 18, 2019, which lead to this tentative settlement, contingent upon approval by the City Council, detailed the report.

While the proposed $80,000 settlement may be included in the city’s primary property tax rate for the next year, it is based upon an Arizona Attorney General opinion.

However, the City of Scottsdale has a long practice of including paid tort settlements equal to or greater than $20,000 in its primary tax rate to reimburse the Self-Insured Fund to pay claims, the report added.