HomeMy WebLinkAbout1991-03-13 91-133 ORDEROduncl Action
Date 3-11-91 Item No. 91-133
hem/Subject: Authorizing Settlement of Claim of Lisa A. Spear
(Traffic Accident - April 21, 1990)
Responsible Department: Legal
Commentary:
This claim against the City arises out of a motor vehicle accident
n April 21, 1990 at the Garland Street -Pine Street intersection.
On that date, Ms. Spear proceeded into the intersection against
traffic due to a downed City 95top" sign. A statement in the file
from Marlene Nightergale, a Pine Street resident, indicates that
the City had notice of the downed "Stop" sign more than 24 hours
prior to the accident. Because of its prior notice, the City i
potentially liable under 23 M.R.S.A. g 3655 for all damages sustaine
by Ms. Spear and others as a result of this accident.
Damages to all parties, paid by Ms. Spear's insurer, we $6986.42.
This figure includes Ms. Spear's medical bills intheamount of
$455.86. Ms. Spear's attorney has offered to settle her claims
and those of her insurer for $2000.00. This Order would authorize
acceptance of that offer. -
Due to the City's.potential liability in a greater amount, 1
recommend acceptance of the offer to settle.
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Budget Approval:
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Legal Approval:
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Introduced For
Passage page _ of
❑First Reading
❑Referral
91-133
Ae®gmed to Cmmc9or Frankel, March 13, 1991
CITY OF BANGOR
Authorizing Settlement of Claim of Lisa A.
01TLE.) (®rbZr,_. __..... .......... _ _. _..
Spear (Traffic Accident - April 21, 1990)
By me cap amn a afw as ofAmnsor.
THAT
the City Manager is hereby authorized to accept an
offer of settlement of the claim of Lisa A. Spear against the City of
Bangor arising out of a traffic accident in Bangor on April 21,
1990. Said settlement being in the amount of Two Thousand
($2,000.00) collars to be paid to Ms. Spear upon receipt of a Release
of claims in a £o= acceptable to the City Solicitor. Funds for this
purpose to be drawn from account number 13-02-07.02, with an
appropriation of $2,000 from account number 91-2220 (self-insurance).
IN CITY COUNCIL
March 13, 1991
Passed
T CLERK
91-133
O ROER
Title,
Aot oFppS, Settlement of Cla.i ,of Lisa A. Spear
44
(Traffic Accident - April 21, 1990)
Countflma