| AGENDA ITEM SUMMARY
Consider motion to deny claim against the City and Police Officer Tina M. Bean, by The Howard Law Firm, P.C., on behalf of Derrick Wynn for damages in the amount of $358,213.33, arising out of the arrest of Mr. Wynn on a State Warrant for Aggravated Battery. City Attorney Drew Whalen will address.
| SPECIAL CONSIDERATIONS OR CONCERNS: |
See attached letter from The Howard Law Firm, P.C., dated April 23, 2015, purporting to comply with the Georgia ante litem notice statute, O.C.G.A. Sec. 36-33-5.
Due to the extensive facts surrounding this claim a Closed Session is scheduled during the May 26, 2015 Workshop, under the attorney-client privilege to discuss potential litigation; staff recommends denial of the claim. Denial will cease the tolling of the statute of limitations and allow Plaintiff to proceed with filing a Complaint if that is what he intends to do.
Subject to the City's per occurrence deductible of $25,000 per claim, this matter has been filed with GIRMA, who will assign defense counsel for both the City and Officer Bean, and satisfy any resulting legal liability, up to our limits of $1,000,000 per occurrence. | | | |