Legislation Details

File #: 24-2724    Version: 1 Name:
Type: CONSENT AGENDA Status: Approved
File created: 8/26/2024 In control: City Attorney's Office
On agenda: 9/25/2024 Final action:
Title: Authorize payment of the jury verdict entered against the City in the lawsuit styled Terry Branch v. Willie Rettig, Lamar Lambert and City of Dallas, Cause No. DC-22-09242 - Not to exceed $60,000.00 - Financing: Liability Reserve Fund
Indexes: 300
Attachments: 1. Resolution
Date Ver.Action ByActionResultAction DetailsMeeting Details
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STRATEGIC PRIORITY:                     Government Performance & Financial Management

AGENDA DATE:                     September 25, 2024

COUNCIL DISTRICT(S):                     N/A

DEPARTMENT:                     City Attorney’s Office

EXECUTIVE:                     Tammy L. Palomino

______________________________________________________________________

SUBJECT

 

Title

Authorize payment of the jury verdict entered against the City in the lawsuit styled Terry Branch v. Willie Rettig, Lamar Lambert and City of Dallas, Cause No. DC-22-09242 - Not to exceed $60,000.00 - Financing:  Liability Reserve Fund

 

Body

BACKGROUND

 

Plaintiff Terry Branch filed a lawsuit against Willie Rettig, a non-city employee, former Department of Sanitation Services employee Lamar Lambert, and the City of Dallas, seeking compensation for alleged bodily injuries and other damages arising from an automobile collision on November 9, 2020. The case was tried before a jury on August 6 and 7, 2024. The jury determined that the accident was proximately caused by the negligence of the City’s driver in the operation of a motor vehicle and assigned 100% liability to the City. The jury awarded Terry Branch $44,554.00 in compensatory and noneconomic damages. Additionally, because Terry Branch prevailed at trial, the court assessed prejudgment interest on past damages at a rate of 8.5% from May 25, 2021, through the day before judgment is entered, taxable court costs, and post-judgment interest on the total amount awarded at a rate of 8.5% from the date the judgment is signed until paid. Terry Branch is represented by Link & Associates.

 

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

 

A confidential memorandum regarding this matter will be provided to the City Council on September 20, 2024.

 

FISCAL INFORMATION

 

Fund

FY 2024

FY 2025

Future Years

Liability Reserve Fund

$60,000.00

$0.00

$0.00