TITLE
Recommendation to authorize City Attorney to pay sum of $85,000 in full settlement of lawsuit entitled Maura Cotter v. City of Long Beach, et al.; and to pay sum of $160,000 in full and final resolution of the lawsuit entitled Hawk, et al. v. City of Long Beach, et al.
DISCUSSION
On August 14, 2013, plaintiff was arrested for blocking public passage during a protest outside a McDonald's restaurant. Plaintiff later filed a lawsuit alleging that her civil rights were violated when she was arrested.
After extensive negotiations, the parties reached a tentative settlement of the entire action for $85,000.00; of that amount, $15,000 will be paid to plaintiff and $70,000.00 will be paid to plaintiff's counsel for attorneys' fees and costs. The Economic Development and Finance Committee approved the proposed settlement on May 17, 2016.
On the evening of July 26. 2013, Plaintiff Daroza, and his friend, the decedent, Taryn Hawk, were riding their motorcycles eastbound on Second Street near the intersection of Glendora in Belmont Shore. As both motorcyclists approached the intersection, another driver turned left in front of them. Both Daroza and Hawk came in contact with that vehicle. Daroza sustained minor injuries; but the contact killed Hawk. Daroza and Hawk's mother sue the City alleging the bikeway at the location created a dangerous condition of public property and contributed to the incident.
Following mediation and continued settlement discussions with Plaintiffs' counsel, all Plaintiffs have agreed to accept $160,000 as full settlement of this case. The proposed settlement was presented to the Economic Development and Finance Committee on May 17, 2016, and was approved on that date. We therefore ask authority to pay the sum of $160,000 in full settlement of this claim against the City of Long Beach.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
CHARLES PARKIN
CITY ATTORNEY
BY:
HOWARD D. RUSSELL
DEPUTY CITY ATTORNEY
THEODORE B ZINGER
DEPUTY CITY ATTORNEY
APPROVED:
PATRICK H. WEST
CITY MANAGER