A negligence lawsuit between Scottsdale and Robert Marcellus has reached a settlement in the amount of $120,000.
On Sept. 17, the Scottsdale City Council approved the settlement for case Marcellus v. City of Scottsdale, pending in the Maricopa County Superior Court.
The litigation stems from a bicycle accident, which occurred on May 17, 2014, while Mr. Marcellus was riding his bicycle on east Vio Verde Drive near north 120th Street in the city.
He alleges he was riding westbound on the shoulder of east Rio Verde Drive and was struck by another driver.
Mr. Marcellus is claiming injuries and damages as a result of his incident because the design of the roadway and his allegations the city should have provided a bike lane or wider paved shoulder in the subject area.
The city denies any liability and contends the plaintiff is at least partially, if not wholly, at fault for the accident and any associated damages, a city staff report states.
Before filing suit, Mr. Marcellus filed a notice of claim and supplements with the city seeking $1 million as a settlement. His claim for lost wages and past and future medical bills is over $250,000, the city staff report states.
In addition, if the matter were to proceed to trial, Mr. Marcellus would also claim damages for pain and suffering.
The approved settlement will lead to the dismissal of the case and termination of the litigation, the staff report stated.
The $120,000 settlement may be included in Scottsdale’s primary property tax rate for the next year.
The eligibility of settlement and judgment payments for possible inclusion in the city’s primary property tax rate is based upon an Arizona Attorney General opinion, the staff report stated.
The city has a long-standing practice of including paid tort settlements equal to or greater than $20,000 in the city’s primary tax rate to reimburse the self-insured fund for payment of the claim.