REPORT TO MAYOR AND COUNCIL NO. 99-4 CA

DATE: September 14, 1999

SUBJECT: Settlement in Baba v. City of Sunnyvale

A lawsuit filed against the City of Sunnyvale for personal injury resulting from a sidewalk trip and fall accident has been through both arbitration and mediation. As a result, a settlement proposal of $115,000 has been reached and approval by the City Council is requested.

Lenore Baba, a contract security guard at El Camino Medical Clinic, tripped and fell on an uplifted sidewalk outside of the clinic on Carroll Street in September 1996, injuring both knees, her face and arms. She filed a workers' compensation claim with her employer and has not returned to work since the accident. The worker's compensation carrier has a lien against any judgment or settlement.

The current medical bills in the case are $46,000 and her disability rating has a value of $53,000. The matter went to nonbinding arbitration in December 1998 and the arbitrator determined damages in the amount of $250,0000 should be awarded, but then discounted 20% for contributory negligence. Both parities rejected the arbitration award. In August 1999 mediation occurred, resulting in the settlement proposal of $115,000.

The settlement amount of $115,000 would come out of the Self-Insured Property and Liability Program #786. The fund has sufficient money to cover this amount.

Publication of the agenda.

1. Approve the settlement.

2. Do not approve the settlement.

Alternative No. 1, approve the $115,000 settlement.

Valerie J. Armento
City Attorney

RTC\Baba Settlement