STRATEGIC PRIORITY: Government Performance & Financial Management
AGENDA DATE: June 12, 2024
COUNCIL DISTRICT(S): N/A
DEPARTMENT: City Attorney’s Office
EXECUTIVE: Tammy L. Palomino
______________________________________________________________________
SUBJECT
Title
Authorize payment of the jury verdict issued against the City in the lawsuit styled Terrance Cotton, Individually, and as Next Friend of E.C., T.C., and T.C., Jr. v. the City of Dallas, Cause No. DC-20-11343 - Not to exceed $270,000.00 - Financing: Liability Reserve Fund
Body
BACKGROUND
Plaintiff, Terrance Cotton, filed a lawsuit on behalf of himself and his three minor children, Erik Cotton (E.C.), Tristan Cotton (T.C.), and Terrance Cotton, Jr. (T.C., Jr.), against the City of Dallas seeking compensation for alleged bodily injuries and other damages sustained in an automobile collision on August 19, 2019, involving a Dallas Water Utilities employee operating a city-owned vehicle. The parties tried the case before a jury on April 24 and 25, 2024. At the conclusion of the evidence, a Dallas County jury returned a verdict in favor of Cotton and the three minor children. The jury awarded Cotton $286,515.20; however, that amount is reduced to a total of $250,000.00 pursuant to the limitations on damages under the Texas Civil Practice and Remedies Code. The jury awarded E.C. $1,366.00, T.C. $1,727.00, and T.C., Jr. $1,769.00. In addition, the minor children are entitled to prejudgment interest on their past damages at a rate of 8.5% from March 8, 2020, through the day before judgment is entered. Cotton is not entitled to prejudgment interest because his reduced damage award is the maximum amount of recovery allowed under the Texas Civil Practice and Remedies Code. Plaintiffs also are entitled to their taxable court costs and post-judgment interest on their total damage awards at a rate of 8.5% from the date the judgment is signed until paid. Plaintiffs are represented by Rabia Said and Witherite Law Group, PLLC.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
A confidential memorandum regarding this matter will be provided to the City Council on June 7, 2024.
FISCAL INFORMATION
|
Fund |
FY 2024 |
FY 2025 |
Future Years |
|
Liability Reserve Fund |
$270,000.00 |
$0.00 |
$0.00 |