File #: SC-2021-6    Version: 1 Name: Special Claim from Houston Joy
Type: Special Claim Status: Passed
File created: 12/1/2020 In control: City Council
On agenda: 12/8/2020 Final action: 12/8/2020
Title: SPECIAL CLAIM SC-2021-6: SUBMITTED BY HOUSTON JOY IN THE AGREED AMOUNT OF $3,500 FOR EXPENSES INCURRED AS A RESULT OF A COLLISION WITH A CITY FIRE DEPARTMENT TRUCK ON JUNE 4, 2020, IN OKLAHOMA CITY.
Attachments: 1. City Council Staff Report, 2. City Clerk Memo, 3. Notice of Tort Claim, 4. Expenses, 5. Photos, 6. Collision Report - Redacted

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SPECIAL CLAIM SC-2021-6:  SUBMITTED BY HOUSTON JOY IN THE AGREED AMOUNT OF $3,500 FOR EXPENSES INCURRED AS A RESULT OF A COLLISION WITH A CITY FIRE DEPARTMENT TRUCK ON JUNE 4, 2020, IN OKLAHOMA CITY.

 

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BACKGROUND:  A claim was filed by Houston Joy for vehicle damage, tire replacement and car rental fees incurred as a result of a collision with a Fire Department truck on June 4, 2020, at a Sonic Drive-In on 9300 North Rockwell Avenue in Oklahoma City.

 

DISCUSSION:  This incident was investigated by City staff.  On June 4, 2020, a City firefighter was driving a Fire Department pick-up truck and was parked in a stall at Sonic Drive-In, 9300 North Rockwell, in Oklahoma City.  As the firefighter began backing his truck to leave the stall, Mr. Joy was also backing from his stall on the opposite side.  They struck each other in the middle of the driveway.

 

Mr. Joy submitted three (3) estimates to repair the left rear area of his 2016 Hyundai Elantra, with the lowest estimate being $4,342.70.  He also submitted car rental fees of $1,017.87 and a tire replacement expense of $179.36, for a total reimbursement request of $5,539.93.  After discussions with Mr. Joy’s attorney, a settlement was reached at an agreed amount of $3,500.

 

As indicated above, there appears to be possible negligence on the part of the City in this matter and consequently potential liability on the City.  This claim in the agreed settlement amount of $3,500 appears reasonable.

 

RECOMMENDATION:  Based on the above and foregoing, it is the recommendation of the City Attorney’s office that the claim of Houston Joy, in the agreed amount of $3,500 as set forth above, be approved.