File #: SC-1718-13    Version: 1 Name: Special Claim from Shane and Joe Williams
Type: Special Claim Status: Passed
File created: 12/12/2017 In control: City Council
On agenda: 12/19/2017 Final action: 12/19/2017
Title: SPECIAL CLAIM SC-1718-13: SUBMITTED BY SHANE AND JOE WILLIAMS IN THE AGREED SETTLEMENT AMOUNT OF $6,400 FOR PROPERTY DAMAGE, MEDICAL EXPENSES, AND PAIN AND SUFFERING AS A RESULT OF A VEHICLE ACCIDENT WITH A CITY POLICE OFFICER ON STATE HIGHWAY 9.
Attachments: 1. Text File Williams, 2. City Clerk Memo, 3. Tort Claim, 4. Incident Report - Redacted
Title
SPECIAL CLAIM SC-1718-13: SUBMITTED BY SHANE AND JOE WILLIAMS IN THE AGREED SETTLEMENT AMOUNT OF $6,400 FOR PROPERTY DAMAGE, MEDICAL EXPENSES, AND PAIN AND SUFFERING AS A RESULT OF A VEHICLE ACCIDENT WITH A CITY POLICE OFFICER ON STATE HIGHWAY 9.

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BACKGROUND: A claim was filed by Shane and Joe Williams on October 23, 2017, in excess of $10,000 for property damage and personal injuries, including but not limited to medical expenses and pain and suffering, due to their claim that on July 13, 2017, their 2007 Chevrolet Tahoe SUV was struck by a City of Norman Police Officer.

DISCUSSION: On July 13, 2017, a City of Norman Police Officer attempted a U-turn on State Highway 9 in an attempt to pursue a speeding vehicle which was traveling in the opposite direction. As the Officer attempted the turn, he struck the Claimants' oncoming vehicle. A supervisory incident review classified the collision as preventable and disciplinary action related to the incident has been completed.

Both Claimants were in their vehicle at the time of the incident and both received medical treatment at Norman Regional Hospital. Claimants subsequently incurred total medical expenses of $3,826.81 due to the incident and further request and additional amount of $2,073.19 for future medical expenses and pain and suffering.

With regard to property damage, the City has been in contact with Claimants' insurance company, Farmers Insurance, who determined the vehicle to be a total loss. They have fully compensated their clients and have agreed that they cannot pursue a subrogation claim pursuant to the state statute for tort claims. Claimants, however, request compensation for their deductible of $500.

An agreement has been reached between all parties in the amount of $6,400 as settlement of all claims in this action as detailed above.

RECOMMENDATION: Based upon the above and foregoing, it is the recommendation of the City Attorney's Office that the claim of Shane and Joe Will...

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