HomeMy WebLinkAboutCC 5 BAUER VS TUSTIN 03-20-89 _ ~ NO. 5
March 14, 1989
TO:
FROM:
SUBJECT:
CITY COUNCIL
·
CITY ATTORNEY
BAUER VS. CITY OF TUSTIN
This incident stems from an accident which occurred on August 23,
1985, at approximately 6:45 in the morning. At that time, the
Plaintiff was on a bicycle travelling northbound on Redhill
Avenue. A truck was making a right turn from the northbound #2
lane on Redhill, to the Northbound I-5 on-ramp. In effectuating
the turn, the truck and bicycle collided. As a result, the
bicyclist was struck by the front of the truck and dragged some
forty feet up the on-ramp.
Plaintiff has filed suit against the driver and owners of the'
truck, as well as the City of Tustin and the State of
California. As to the public entities, Plaintiff is claiming
that a confusing situtation existed at the location of the on-
ramp which caused and/or contributed to this incident.
Plaintiff is claiming approximately $56,000.00 in medical
expenses. He is alleging injury to his left ear, fracture of his
left shoulder blade and severe scarring to his left arm. He also
received numerous cuts and abrasions.
We recently had a Mandatory Settlement Conference, wherein a
Judge Pro Tem valued Plaintiff's case in the neighborhood of
$400,000.00. He believed that Plaintiff was 50% contributory
negligent for the accident and he proposed a settlement package
with all Defendants that would require the City of Tustin to pay
Sl0,000.00.
Given the severity of Plaintiff's injuries, and the costs that
will necessarily be incurred in defending this action through
trial, we believe that $10,000.00 would be a reasonable amount
for settlement. Accordingly, we reco~end that the City Council
approve the sum of Si0,000.00 in full settlement of this action
against the City of Tustin.
Deputy City Att~ney
CGF/ks:D:3/10/89(545P.pl)