M&C Review


COUNCIL ACTION:  Approved on 11/14/2017 - Resolution No. 4863-11-2017

DATE: 11/14/2017 REFERENCE NO.: **G-19161 LOG NAME: 12NAVA SUBROGATION
CODE: G TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT:  

Adopt Resolution Ratifying the Lawsuit Entitled Jesus Nava, By and Through his Subrogee, the City of Fort Worth, Texas, and the City of Fort Worth, Texas, in its Individual Capacity v. Robert James Jones, Cause No. 2017-006190-2  (ALL COUNCIL DISTRICTS)


RECOMMENDATION:

It is recommended that the City Council adopt the attached Resolution ratifying the lawsuit against Robert James Jones, Cause No. 2017-006190-2, filed October 5, 2017, regarding a collision with a City vehicle.

 
DISCUSSION:

On October 9, 2015, a City of Fort Worth Police Officer, Jesus Nava, was driving northbound on University Drive near its intersection with Park Hill Drive, within the city limits of Fort Worth, Tarrant County, Texas.  Due to construction, the road narrowed from three northbound lanes to one northbound lane.  Officer Nava slowed his vehicle to allow a motorcycle, also northbound, to enter the lane ahead of him.  Defendant Robert James Jones was driving northbound behind Officer Nava in the one remaining lane, and struck the police vehicle from the rear when it slowed.  As a result of the impact, Officer Nava suffered bodily injuries.

The Texas workers' compensation statute requires the City to provide medical treatment and salary benefits to employees injured in the line of duty. To date, the City has paid reasonable and necessary medical expenses as a result of Officer Nava's injuries due to Robert James Jones' negligence, and may be required to pay additional medical expenses in the future.  The damage to the City's vehicle that Officer Nava was operating at the time of the accident has necessitated repairs in the amount of $1,441.15.

Because of the impending deadline to file suit imposed by the two-year statute of limitations and the City Council meeting schedule, the City Attorney's Office and the City Manager's Office were not able to seek prior City Council authorization to file suit against Robert James Jones.  On October 5, 2017, the City filed suit against Robert James Jones in Cause No. 2017-006190-2, Jesus Nava, By and Through his Subrogee, The City of Fort Worth, Texas, and The City of Fort Worth, Texas in its Individual Capacity v. Robert James Jones.

Ratification of the filing of this lawsuit would allow the City to seek recovery of current medical costs, any future medical costs that may arise, and property damage in the amount of $1,441.15.  Current accumulated medical costs are estimated to be $9,000.00.

An estimated $3,000.00 is expected to be spent pursuing this lawsuit.

This M&C does not request approval of a contract with a business entity.





 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that, upon approval of this M&C, funds are available in the current operating budget, as appropriated, of the Risk Management Fund to pay filing fees and costs associated with this action.

TO
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

FROM
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
    60111 0147310 5520211           $3,000.00

Submitted for City Manager's Office by:
ALL ACMs (6222)
Originating Department Head:
Sarah Fullenwider (7606)
Additional Information Contact:
Harvey L. Frye Jr. (8715)

 
 
ATTACHMENTS
  Nava Resolution (002).doc