Long Beach, CA
File #: 10-0400    Version: 1 Name: CA - lawsuit Thep Ngernwichit
Type: Agenda Item Status: Approved
File created: 4/8/2010 In control: City Council
On agenda: 4/20/2010 Final action: 4/20/2010
Title: Recommendation to authorize City Attorney to accept the sum of $500,000 in full settlement of lawsuit entitled City of Long Beach v. Robert Bein, William Frost & Associates; RBF Consulting, Inc.; URS, San Bernardino Case No. CIVDS904148; and to pay the sum of $39,500 in full settlement of lawsuit entitled Thep Ngernwichit v. City of Long Beach, and $12,100 in full settlement of lawsuit entitled Julio C. Pedraza, Marisol Morado, v. Cedric Foster, City of Long Beach, Case No. NC053021.
Sponsors: City Attorney
Indexes: Lawsuit
Attachments: 1. 042010-C-4sr.pdf
TITLE
Recommendation to authorize City Attorney to accept the sum of $500,000 in full settlement of lawsuit entitled City of Long Beach v. Robert Bein, William Frost & Associates; RBF Consulting, Inc.; URS, San Bernardino Case No. CIVDS904148; and to pay the sum of $39,500 in full settlement of lawsuit entitled Thep Ngernwichit v. City of Long Beach, and $12,100 in full settlement of lawsuit entitled Julio C. Pedraza, Marisol Morado, v. Cedric Foster, City of Long Beach, Case No. NC053021.

DISCUSSION

This suit arises out of the City seeking reimbursement for costs incurred remediating a taxiway at the Long Beach Airport. The taxiway had to be repaved to repair slippage cracking caused by a weak bond in construction material. The remediation costs were paid out of the Airport Passenger Facility Charge fund.

During mediation, the parties were able to reach a tentative global settlement in which defendants would pay to the City $500,000.00. This settlement was conditioned upon City Council approval. An approved settlement will reimburse the fund.

The Economic Development and Finance Committee approved the proposed settlement on April 6, 2010.

AND

On March 20, 2008, plaintiff was riding his bicycle on a road in EI Dorado Park Area III. A Parks, Recreation and Marine Department employee was re-striping the roadway markings, and failed to put out cones or other warning devices to indicate that the painted lines on the road were wet. The plaintiff's bike crashed when it rolled over some freshly painted markings, and plaintiff was severely injured. After extensive discussion, a tentative settlement of $39,500 was reached.

The Economic Development and Finance Committee approved the proposed settlement on April 6, 2010.

AND

This suit arises out of a City employee, driving a City trash truck in the course and scope of his employment, backing into plaintiffs' vehicle.

During mediation, the parties were able to reach a tentative settlement agreement of $7,000.0...

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