passed ordinance 2025-223

*Pay settlement of Carlos Ibarra bodily injury lawsuit in the sum of $350,000 involving Portland Parks & Recreation

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  • parks recreation
  • budget finance
  • claim settlement
Department
Risk Management
Introduced by
Mayor Keith Wilson
Status
Passed

Impact statement

Purpose & background

This Ordinance settles a bodily injury lawsuit brought by Carlos Ibarra, resulting from a motor vehicle collision.

Financial impacts

This legislation will have no impact on City revenue. Total cost to the City to settle the lawsuit is $350,000. The source of funding is the City’s Insurance and Claims Fund. All cost of the settlement is in the current fiscal year. This Ordinance does not amend the budget.

Economic impacts

Not applicable.

Community impacts

This Ordinance settles a lawsuit resulting from a motor vehicle collision involving the Portland Parks & Recreation. No public involvement or input was sought regarding this Ordinance. The City Attorney’s Office and Risk Management have concluded that it is not appropriate to have public involvement in settlement negotiations regarding tort claims or lawsuits against the City. No future public involvement is anticipated or necessary. Approval by City Council of this Ordinance will fully settle a tort claim against the City of Portland.

Full text (the legislation as adopted)

The City of Portland ordains. Section 1. The Council finds: Carlos Ibarra, through attorney Wade M Bowyer, has filed a lawsuit against the City for injuries resulting from a motor vehicle collision involving Portland Parks & Recreation on April 15, 2022. In the lawsuit, he asserts claims for negligence against the City and its employee. The lawsuit has been investigated by Risk Management Services and the City Attorney’s Office. The investigation indicates there is risk the City may be found liable. Therefore, in order to avoid the risk of an adverse jury award, it is prudent to compromise the lawsuit at this time. City Attorney, Risk Management Services, and Portland Parks & Recreation recommend the lawsuit be compromised for the total sum of 350,000, subject to the claimant providing the City with a release in a form to be approved by the City Attorney. NOW, THEREFORE, the Council directs: The City Administrator is authorized to settle the lawsuit in the amount of $350,000 made payable to Paul Krueger Law firm, PC Attorney-Client Trust Account. Risk Management Services will execute a payment authorization in the amount set forth in sub-paragraph (a) above. Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this bodily injury lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

11 yea 1 nay

Roll call (12)