Report to Mayor and City Council
Wednesday, March 04, 2020
Consent
SUBJECT:
Title
CONSIDER APPROVAL OF SETTLEMENT AGREEMENT IN THE MATTER OF MARIA JUSTINIANO V. CITY OF CARSON (LASC CASE NUMBER 18STCV02271) (CITY COUNCIL)
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I. SUMMARY
This report concerns settlement of the litigation in the matter of Maria Justiniano v. City of Carson, et al. (LASC Case Number 18STCV02271). The plaintiff alleged various knee, neck, back, and arm injuries resulting from a trip and fall on a pedestrian bridge located within the City over the 110 freeway. The matter was settled via mediation on January 21, 2020, and was settled at the direction and with the authorization of the City’s excess carrier, CSAC. The fiscal impact to the City is limited to the City’s self-insured retention, $250,000. Staff recommends that the City Council approve the settlement and authorize the City Manager to execute the settlement agreement, and any related documents, to resolve the litigation.
II. RECOMMENDATION
Recommendation
TAKE the following actions:
1. Approve the settlements.
2. Authorize the City Manager to execute the settlement agreements, and any related documents, to resolve the litigation.
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III. ALTERNATIVES
1. TAKE another action City Council deems appropriate.
IV. BACKGROUND
Plaintiff Maria Justiniano (“Plaintiff”) alleges that on January 30, 2018, she tripped and fell on broken and uneven pavement on the public sidewalk on the West 220th Street pedestrian bridge overpass crossing the 110 Freeway.
The matter was settled via mediation on January 21, 2020, and was settled at the direction and with the authorization of the City’s excess carrier, CSAC. The fiscal impact to the City is limited to the City’s self-insured retention, $250,000. Staff recommends that the City Council approve the settlement and authorize the City Manager to execute the settlement agreement, and any related documents, to resolve the litigation.
V. FISCAL IMPACT
The fiscal impact to the City is limited to the City’s self-insured retention of $250,000.
VI. EXHIBITS
1. Settlement Agreement Between MARIA JUSTINIANO (“Plaintiff”) and Defendants CITY OF CARSON (pgs. 3-10)
2. Settlement Agreement Between City of Carson and County of Los Angeles (pgs. 11-16)
Prepared by: Faye Moseley, Director of Human Resources and Risk Management