City of Reno

Staff Report

Staff Report (For Possible Action): Approval and Authorization of Funding of Settlement of Lawsuit entitled Samantha Arias v. City of Reno, et al., Case No. CV16-02139 in the amount of $60,000. (Risk Management Fund)


Department:City AttorneySponsors:


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Recommendation and Proposed Motion

Recommendation:  Staff recommends Council approve settlement of the lawsuit entitled Samantha Arias v. City of Reno, et al., Case No. CV16-02139 in the amount of $60,000, approve and authorize funding of the payment of $60,000 to Plaintiff Samantha Arias, and authorize the City Attorney or designee to execute all documents required to effect settlement of the lawsuit.


Proposed Motion:  I move to approve staff recommendation.

Staff Report Formal Body

Summary: The Plaintiff brought suit for personal injury and property damages arising from a motor vehicle accident in which her vehicle was struck by a City vehicle.  Based on negotiations and analysis, staff recommends settling the case, including all claims, damages, attorney’s fees and costs, through the payment of $60,000 to the Plaintiff.


Discussion:  The lawsuit was filed October 18, 2016.  Trial is scheduled to commence February 26, 2018.  The potential exposure in the case includes an award of damages up to $100,000, plus (1) interest, (2) award of attorney’s fees and (3) litigation costs incurred by the Plaintiff, which costs could exceed $10,000.  After discovery was substantially complete, the parties engaged in good faith negotiation.  Based on a risk-benefit analysis, settlement in the amount of $60,000 is recommended.  The proposed settlement includes dismissal of the lawsuit with prejudice and receiving a release of all claims from the Plaintiff.


Financial Implications:  Funds for settlement are budgeted in the Risk Management Fund.


Legal Implications:  Settlement will fully resolve the pending lawsuit, in which the potential exposure could exceed the settlement amount, absolving the City of any future liability and ending the lawsuit. 


Meeting History

Jan 10, 2018 10:00 AM Video Reno City Council Regular
MOVER:Jenny Brekhus, Councilmember
SECONDER:Oscar Delgado, Councilmember
AYES:Hillary Schieve, Jenny Brekhus, Naomi Duerr, Oscar Delgado, Paul McKenzie, Neoma Jardon, David Bobzien