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6.1.G. - Page 1 <br /> REPORT <br /> To the Honorable Mayor and City Council <br /> From the City Manager <br /> April 25, 2016 <br /> SUBJECT <br /> Approval of the General and Special Release to Resolve Litigation Somers v. City of <br /> Redwood City <br /> RECOMMENDATION <br /> By motion, approve settlement as memorialized in the General and Special Release in <br /> Somers v. City of Redwood City <br /> BACKGROUND <br /> This case involves a personal injury claim by James Somers against the City and <br /> adjacent property owners for a dangerous condition of public property. Mr. Somers <br /> suffered injuries on January 16, 2013, when he tripped and fell on a public sidewalk. Mr. <br /> Somers suffered serious injury, as a result of the fall. Following mediation, the parties <br /> agreed to a global settlement of $325,000 wherein, the City agreed to contribute <br /> $250,000 towards settlement and the adjacent property owners agreed to contribute <br /> $75,000. These terms have been memorialized in a General and Special Release to be <br /> signed by Plaintiff and his attorney. <br /> ANALYSIS <br /> The City Attorney's office recommends approval of the settlement as delineated in the <br /> General and Special Release. <br /> ALTERNATIVES <br /> Council could elect not to approve the settlement. <br /> FISCAL IMPACT <br /> The settlement proceeds will be withdrawn from the City's general liability fund. <br /> ENVIRONMENTAL REVIEW <br /> This activity is not a project under CEQA as defined in the CEQA Guidelines, section <br /> 15378, because it has not potential for resulting in either a direct or foreseeable physical <br /> change in the environment. <br /> 1 <br /> 1 <br /> FURAH Z. FARUQUI <br /> ASSISTANT CITY ATTORNEY <br /> Page 1 of 2 <br />