CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
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Petitioner: |
Les Lee Shell, Deputy County Manager |
Recommendation:
title
Approve Offer of Judgment authority in the amount of $150,000 to be served on the Plaintiff in the case James W. Healey v. Clark County, et al, Case No. A-23-881218-C and authorize the District Attorney's Office to execute any necessary settlement documents in accordance with the terms of the offer of judgment. (For possible action)
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FISCAL IMPACT:
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Fund #: |
6600.000/6610.000 |
Fund Name: |
Liability Fund Liability Insurance Pool |
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Fund Center: |
1020501000/1020502000 |
Funded PGM/Grant: |
N/A |
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Amount: |
$150,000 |
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Description: |
Liability Settlement Payment |
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Additional Comments: |
N/A |
BACKGROUND:
The case stems from a motor vehicle accident on December 24, 2021, whereby the Plaintiff alleges an improperly installed stop sign caused him to drive into the intersection of S. Buffalo Drive and W. Ford Avenue and collide with another vehicle causing him injury. The Plaintiff alleges he incurred total medical expenses of $182,640.86 along with general and future medical damages of an unspecified amount.
Through a review of the claims and expected costs of litigation, the Clark County District Attorney's Office - Civil Division determined that $150,000 would be a reasonable settlement for the claims alleged. Therefore, the District Attorney’s office seeks authorization to serve the Plaintiff with an offer of judgment in the amount of $150,000. Should the Plaintiff accept the offer of judgment, Clark County will be dismissed from the action and allow Clark County to avoid the unknown costs of protracted litigation. Alternatively, a rejection of an offer of judgment by the Plaintiff will leave Clark County better situated to defend its interests and minimize liability and exposure through discovery and trial.
The proposal to serve an offer of judgment has been reviewed and approved by the Civil Division of the District Attorney’s Office, Clark County's outside counsel and the Clark County Liability Pool Committee members