Item Coversheet

AGENDA ITEM SUMMARY

ITEM SUMMARY:

Consider denial of ante litem notice received on December 22, 2015 by Chairperson Doug Hollberg (served by statutory overnight delivery) from Attorney Jeffrey R. Neighbors on behalf of his client Rasheta Goggins. City Attorney Drew Whalen will address.

 




SPECIAL CONSIDERATIONS OR CONCERNS:

The vehicle driven by Ms. Goggins was involved in a motor vehicle accident on June 24, 2015 with a city-owned vehicle operated by employee Andrew DeMarco at the intersection of E. Broad Street and N. 4th Street. Investigator cited Mr. DeMarco as being "at-fault". Claim is being investigated and adjusted by GIRMA. Ms. Goggins suffered alleged injuries to her neck and back. The Notice contains an Offer of Compromise in the amount of $35,000.

STAFF RECOMMENDATION:

Staff recommends denial of the claim in order to cease the tolling of the statute of limitations and to allow claimant to file suit.

FINANCIAL IMPACT:

Subject to the City's "per claim" deductible of $25,000, GIRMA will provide legal defense to City and payment of any resulting legal liability (judgment).

ATTACHMENTS:
File NameDescription
Ante_Litem_Notice_122115.pdfAnte Litem Notice
Submitted by:

Meeting Date:

City Attorney Andrew J. Whalen, III

1/26/2016

Reviewed by:

 
Kenny L. Smith