Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 3/7/2017

Item Creation Date:

LGL - Living - CSA

Agenda Item#: 29.


 
                               
Summary:

ORDINANCE approving and authorizing Compromise and Settlement Agreement between the City of Houston and BILLY JOE LIVING to settle a lawsuit - $180,000.00 - Property and Casualty Fund

Background:

Claim:  On March 5, 2015, former Solid Waste Department employee Charlie Abraham was involved in a vehicular collision with Mr. Living.  Mr. Abraham was driving a Solid Waste automated side-loader truck, working his assigned route.  He proceeded from a stop sign on Bennington Street to cross Homestead, and collided with Mr. Living's vehicle which was south-bound on Homestead.  He was cited by HPD.  Mr. Living alleges that he sustained serious injuries, i.e. a lacerated liver, as well as soft-tissue damages to his neck, back, and knees.  Following the accident, he underwent surgery and was hospitalized for a week at LBJ Hospital.  Mr. Living incurred total medical expenses in the amount of $162,884.27.

 

As a result of this accident, Mr. Living brought suit against Houston in Cause No. 2015-14566; Billy Joe Living v. City of Houston, Texas; in the 270th Judicial District Court of Harris County, Texas.  After a thorough review, the Legal Department recommends that Council adopt an ordinance authorizing and approving the Compromise and Settlement Agreement and approve and authorize the payment of $180,000.00 out of the Property and Casualty fund payable as follows:

 

$150,111.78 to Billy Joe Living and his attorney The Stern Law Group;

$  20,890.72 to Harris County Hospital District; and

$    8,997.50 to UT Physicians

Amount of Funding:

$180,000.00

Property & Casualty Fund - Fund 1004

(Claims & Judgments)

Contact Information:

L.A. Teehan:  832.393.6467

Judith Ramsey:  832.393.6468

ATTACHMENTS:
DescriptionType
Request for Council Action Signed Cover sheet