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CONSIDERATION OF A RECOMMENDATION FROM THE CITY ATTORNEY THAT THE CITY COUNCIL APPROVE A SETTLEMENT OF CAROL BUCKMASTER VS. THE CITY OF NORMAN, CLEVELAND COUNTY DISTRICT COURT CASE NO. CJ-2010-505 IN THE AMOUNT OF $105,000.
ACTION NEEDED: Motion to approve or reject the City Attorney's recommendation; and, if approved, authorize the City Attorney's Office to effectuate the settlement in the amount of $105,000.
ACTION TAKEN: _________________________________________
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BACKGROUND: Carol Buckmaster filed Buckmaster v. City of Norman, Case No. CJ-2010-505, in Cleveland County District Court on March 15, 2010. This is a personal injury claim wherein Mrs. Buckmaster alleged that on August 8, 2008 she was injured after stepping into a hole located within City of Norman right-of-way near the intersection of 24th Avenue SE and Alameda Street.
A judge trial was held on October 19, 2011 and October 26, 2011, and the trial court ruled in favor of the Plaintiff. The Plaintiff was awarded $125,000 which included costs and prejudgment interest. While the City has initiated the appeal process, and briefs are currently on file with the Oklahoma Supreme Court under Case No. 110216, Mrs. Buckmaster’s attorney has offered a settlement in the amount of $99,500 plus costs not to exceed $5,500. The points of litigation and the proposed settlement were discussed by City Council in several Executive Sessions, most recently on October 2, 2012. In accordance with that most recent discussion, this item is being presented to City Council for consideration at this time.
DISCUSSION AND RECOMMENDATION: The merits of the settlement proposal were discussed in Executive Session and more detail is also provided in a separate Privileged and Confidential memo provided to Council. Pursuant to discussions in Executive Session this matter is being forwarded for consideration and approval by City Council. If approved, the City Attorney’s office will reduce the settlement amount...
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