TITLE
Recommendation to authorize City Attorney to pay the sum of $20,000 in full settlement of lawsuit entitled Hengehold vs. City of Long Beach; $573,601 in full settlement of lawsuit entitled Long Beach Oil Development v. City of Long Beach, United States District Court Case No. CV03-6655 GPS; $35,000 in full settlement of lawsuit entitled Larry Loy v. City of Long Beach, et. al., Case No. NC039758; $10,000 in full settlement of lawsuit entitled Moreno v. City of Long Beach, Case No. 07C02061; and $10,000 in full settlement of lawsuit entitled Alberto Vargas v City of Long Beach, Case No. BC362791.
DISCUSSION
Hengehold vs. City of Long Beach
This case involves a trip and fall which occurred on Ocana Avenue near Spring Street on May 22, 2006. The Plaintiff, a 77 year-old female, was walking when she tripped and fell on the sidewalk. Plaintiff alleges she did not see anything on the day of the accident because leaves from the parkway tree were covering the uneven sidewalk.
A few weeks prior to the fall, Plaintiff had undergone surgery to both hands for degenerative complaints. As a result of the fall, she suffered a fractured metatarsal of her right hand and further aggravated both hands; knee complaints, facial bruising and chipped teeth. Plaintiff's medical specials amounted to approximately $45,000.00.
After negotiations, the parties tentatively agreed to a full and complete settlement, inclusive of all costs and fees in the amount of $20,000.00.
The proposed settlement was presented to the Economic Development and Finance Committee on May 6,2008 and was approved on that date. We therefore ask authority to pay the sum of $20,000.00 in full settlement of this claim against the City of Long Beach.
Long Beach Oil Development v. City of Long Beach
This lawsuit was filed on September 16, 2003. It arises from the City acting in its capacity as trustee for the State of California for certain oil operations in the City of Long Beach. The plaintiff LBOD conduc...
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