TITLE
Recommendation to authorize City Attorney to pay sum of $500,000 in full settlement of lawsuit entitled Melissa Hernandez v. City of Long Beach, et aI., Case No. NC053502; and to pay sum of $7,500 in full settlement of lawsuit entitled Sprout v. City of Long Beach, et al.
DISCUSSION
Sixteen-year-old Melissa Hernandez sustained serious and substantial injuries while walking on North Atlantic Boulevard just south of the bridge crossing the Los Angeles River. As originally constructed, the street does not have a sidewalk and narrows to accommodate the bridge. Accordingly, Hernandez was required to walk on the street while proceeding north. While walking, a driver lost control of his car and came in contact with Hernandez.
The above referenced tentative settlement was presented to the Economic Development and Finance Committee on February 27,2012, and approved on that date.
and
Plaintiff was driving eastbound on Bixby Road when an on-duty Water Department employee left the alley northbound from the southside of Bixby to continue northbound on Marron Avenue resulting in a collision between his Ford F-150 truck and Plaintiff’s mini-van. The impact caused major damage to Plaintiff’s vehicle. Plaintiff predicates liability on violation of CVC § 21804(a) (Entry onto a highway - failure to yield to traffic close enough to constitute an immediate hazard).
Plaintiff sought treatment for her soft tissue injuries to her neck and back from her primary care doctor, a chiropractor and an acupuncturist at a cost of $13,330.20. Plaintiff makes no loss of earnings or other property damage claims.
The proposed settlement was presented to the Economic Development and Finance Committee on March 6, 2012 and was approved on that date. We therefore ask authority to pay the sum of $7,500 in full settlement of this claim against the City of Long Beach.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
ROBERT E. SHANNON
CITY ATTORNEY
MONTE H. MACHIT
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