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<br />REPORT <br /> <br />6.3C <br />Page 1 <br /> <br />To the Honorable Mayor and City Oouncil <br />From theOity Manager <br /> <br />April 13, 2009 <br /> <br />SUBJECT <br />Claim from Attorney Gerald H. Scher, Esq. on Behalf of Francisco Huerta <br /> <br />RECOMMENDATION <br />Staff recommends rejection of subject claim. <br /> <br />BACKGROUND <br />This claim is being brought to the Council because if this claim results in a monetary <br />settlement, the settlement could exceed $15,000. According to resolution no. 14595, if an <br />amount to be paid for a general liability claim exceeds $15,000, any denial, allowance, <br />allowance in part, settlement, or compromise must be approved by Council. <br /> <br />On March 19, 2009 Mr. Huerta filed a claim against the City of Redwood City alleging <br />police officer negligently operated his vehicle is such a way that resulted in Mr. Huerta <br />being run over in the parking lot of Denny's. The claimant is asserting damages in excess <br />of $4,000,000, and alleges injuries including massive facial trauma with multiple abrasions <br />and basal skull fracture and chest trauma. <br /> <br />It has been recommended by the City's claims adjustor, George Hills Company, and the <br />City Attorney that this claim be denied. <br /> <br />AL TERNA TIVES <br />If this claim is not rejected, the statute of limitations for the claimant to file a court action on <br />the claim is extended from six months to two years, thereby placing the City in a more <br />fiscally vulnerable position in defending this matter. <br /> <br />FISCAL IMPACT <br />The rejection of this claim has no direct fiscal impact. However, should the claimant elect <br />to affect litigation to this incident, we have no basis with which to estimate the legal <br />expenses or a settlement, should such estimates ultimately be required. <br /> <br />Bri~ft\ <br /> <br />Director of Finance <br /> <br />~~ <br />Peter Ingram <br />City Manager . <br /> <br />ATTACHMENTS <br />1. Acknowledgement/Recommendation of Initial Action/Advice of Closure - dated April 2, <br />2009 <br /> <br />RELATED DOCUMENTS IN CITY CLERK'S OFFICE <br />None <br />