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SPECIAL CLAIM NO. SC-1213-9: SUBMITTED BY TRENTON WRIGHT IN THE REDUCED AMOUNT OF $16,500 FOR MEDICAL EXPENSES AS A RESULT OF INJURIES RECEIVED AS A PASSENGER IN A VEHICLE INVOLVED IN AN ACCIDENT WITH A SANITATION VEHICLE ON 12TH AVENUE N.E.
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BACKGROUND: A claim has been filed by Trenton Wright for medical expenses which currently total $7,420, as well as future medical expenses, due to a vehicle accident which occurred on August 23, 2012, when the vehicle in which Mr. Wright was a passenger was struck by a City of Norman sanitation truck.
DISCUSSION: This incident was investigated by Gary L. Seal, Utilities Supervisor. According to his investigation, the sanitation truck was traveling northbound on 12th Avenue NE when the vehicle in which Mr. Wright was a passenger stopped for a pedestrian crossing 12th Avenue NE in the middle of the block rather than at a marked crosswalk. The driver of the sanitation truck, Thomas Grady, attempted to stop but was unable to stop in time and struck the vehicle from behind. The driver and Mr. Wright were transported to Norman Regional Hospital by ambulance. Mr. Grady was cited for failure to devote full time and attention. Mr. Grady entered a plea and was assessed fines and court costs.
A previous claim, filed by the driver and owner of the vehicle, Dalton Betz, was approved by Council on December 18, 2012 in the total amount of $28,006. Mr. Betz' claim included actual damages for his vehicle, rental car and towing and storage in the amount of $6,880, in addition to his medical expenses of $7,126. In Mr. Betz' claim, the City Attorney's office recommended settlement in the amount of $14,006 for actual expenses plus approximately two times the medical to cover pain and suffering and future medical expenses for a total settlement offer of $28,006. Council approved the settlement on December 18, 2012.
In the present claim, Mr. Wright, the passenger, did not file a claim for any property damage. He has provided medical records and invoices for treatment he received as a result of this accident. His current medical expenses total $7,420 to date. There is a possibility Mr. Wright will need future medical treatment.
Following negotiations with Mr. Wright's attorney, a settlement offer has been accepted by Mr. Wright in the amount of $16,500 to settle his claim. This figure represents actual medical expenses plus approximately one times his actual medical expenses to cover pain and suffering and future medical expenses. As in the Betz claim, there appears to be possible negligence on the part of the City in this matter and, consequently, potential liability on the City.
RECOMMENDATION: Based upon the above, it is recommended by the City Attorney's Office that the settlement of Mr. Wright's claim in the amount of $16,500 be approved by City Council. Councilmembers have previously reviewed a confidential memo on this claim. If approved, due to the size of the settlement amount, the settlement will be reduced to judgment and placed on the property tax rolls and paid over the next three years in accordance with 62 O.S. § 361 et seq and 51 O.S. § 159.