TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Quinn M. Barrow, City Attorney
Teresia Zadroga-Haase, Human Resources Director
SUBJECT:Title
Litigation Settlements :
a) Kayter v. City of Manhattan Beach - Los Angeles County Superior Court, Case Number: BC539719
b) Otobe, Leon v. City of Manhattan Beach - Los Angeles County Superior Court, Case Number : BC 578791 (City Attorney Barrow).
APPROVE
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council approve settlements with Kenneth Kayter (for $10,000) and Leon Otabe (for $20,000).
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FISCAL IMPLICATIONS:
The total amount for both settlements is $30,000, which will be paid from the Insurance Fund.
BACKGROUND:
On March 17, 2014, Kenneth Kayter filed a complaint against the City alleging he slipped and fell on blue sidewalk tiles located on the northeast corner of 9th Street and Manhattan Avenue.
On April 15, 2015, Daigo Otobe filed a complaint on behalf of his son, Leon Otobe, alleging that Leon was hit in the head by a flying disc.
The City denied liability in both cases. The Independent Cities Risk Management Authority (ICRMA) referred both matters to special counsel McCune & Harber.
DISCUSSION:
Kayter's counsel has agreed to accept $10,000 in return for dismissing the lawsuit. Such amount was authorized by the City Council, and is within the City Manager's settlement authority.
Otabe's counsel has agreed to accept $20,000 in return for dismissing the lawsuit. Such amount is within the City Manager's settlement authority.
There is no admission of guilt on the City's part in either case.
On October 2, 2012, the City Council adopted Resolution No. 12-6397, which, among other things, readopted the authority delegated to the City Manager to settle claims for under $25,000.
Pursuant to the City's Sunshine Policy, these two mat...
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