HomeMy WebLinkAboutMINUTES - 05111993 - 1.16 1 X16
TO: BOARD OF SUPERVISORS �_-M... JR Contra
FROM: Phil Batchelor, County Administrator t
County
May 11, 1993 - y
DATE: r j cuii.�'
SUBJECT:
Settlement of Litigation - Edward Dean vs.
County of Contra Costa
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Receive this report concerning subject settlement and payment from the
Automobile Liability Trust Fund.
REASONS FOR RECOMMENDATION/BACKGROUND:
Joseph J. Tonda, Risk Manager, has advised the County Administrator that
within authorization an agreement has been reached settling the automobile
liability claim of Edward Dean vs. County of Contra Costa.
Edward Dean has agreed to execute a Release and Receipt in favor of the
County of Contra Costa and to dismiss the above-mentioned claim in return
for the payment of the settlement amount. In consideration of the
settlement, the Board authorized payment up to $472, 031. 95.
This action should be taken so that terms of this settlement are known
publicly.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B AR COMMI EE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON MAYAPPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: Ron Harvey (646-4155) MAY 11'.CC: CAO Risk Management ATTESTED 1993
Auditor-Controller PHIL BATCHELOR,CLERK OF THE BOARD OF
Sheriff SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88) 100,
County Administrator Contra
Liability Claims (510)646-4155
Risk Management Costa Risk Administration (510)646-2014
Safety (510)646-2203
County Administration Building Vocational Rehabilitation (510)646-2239
651 Pine Street,6th Floor County Workers'Compensation (510)646-2926
Martinez,California 94553 Fax Number (510)646-2547
S E_,
sA CUIIh�
PRESS RELEASE
May 6, 1993
For further information:
Ron Harvey
Liability Claims Manager
(510) 646-4155
The Board has approved and will finalize on May 11, 1993 , the
payment of an additional $100,000 for settlement.
On October 3, 1989, at approximately 8:00 p.m. , a Deputy Sheriff
began a U-turn on State Highway 4 near Brentwood in front of an
oncoming motorcycle operated by 15-year-old Edward Dean. The
motorcycle struck the left side of the Sheriff vehicle, and
Edward Dean was thrown over the top of the car. Edward Dean was
not wearing a helmet and sustained serious brain injury. At the
time of the accident, the motorcycle was mechanically defective,
the battery failed to keep a charge, and the headlight had
limited illumination. Edward Dean's passenger, Dawn Salazar,
suffered minor injury; her case was settled for $12,000.
Due to the liability issues and lack of medical insurance at the
time of the accident, payments by the County of medical care were
authorized by the Board. This was done to provide quality
medical treatment. Medical and related expenses amounted to
$242,026.02.
The County entered into a partial settlement while Edward Dean
was undergoing rehabilitation treatment. The Board authorized
the purchase of an annuity in the amount of $1.2.5,411, which will
pay out $235,620. The annuity was approved through a Minor' s
Compromise by the Superior Court. The claimant agreed to
stipulate the County could introduce the payout value of the
annuity and medical costs paid should the case go to trial. The
filing statute was waived by the County, and this case was
settled. without the filing of a suit. The claimant's attorney is
Mr. Gerald P. Tunney, ( 510) 834-8252.
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