HomeMy WebLinkAboutResolution 4190-03-2013 A Resolution
NO. 4190-3-2013
RATIFYING THE LAWSUIT ENTITLED THE CITY OF FORT WORTH AS
SUBROGEE OF RYAN STEPP, MICHAEL JOHNSON, THOMAS LOFFLAND AND
CHRISTOPHER GRAY v. DIANN S. FINCEL, PERSONAL REPRESENTATIVE,
HEIR AND BENEFICIARY OF THE ESTATE OF BEVERLY L. KNUTSON;
CAUSE NO. 141-264744-13
WHEREAS, on March 10, 2011, City of Fort Worth Police Officers Ryan Stepp,
Michael Johnson, Thomas Loffland, and Christopher Gray were injured in a motor vehicle
accident, when a vehicle driven by Beverly L. Knutson collided into the City vehicle
operated by Officer Stepp and carrying Officers Johnson, Loffland, and Gray.
WHEREAS, the collision caused by the negligent actions of Beverly L. Knutson
necessitated the expenditure of City funds for salary benefits and reasonable and
necessary medical treatment of Officers Stepp, Johnson, Loffland, and Gray, pursuant to
the provisions of the Texas Labor Code.
WHEREAS, Chapter 417 of the Texas Labor Code provides that if benefits are
claimed by an injured employee, based on the liability of a third party, the City is
subrogated to the rights of the injured employee and may enforce the liability of the third
party in the name of the injured employee.
WHEREAS, due to the two year statute of limitations to bring this lawsuit, on
March 8, 2013, to preserve the City's ability to enforce its subrogation lien, suit was filed
against Diann Fincel, personal representative, heir and beneficiary of the estate of Beverly
L. Knutson.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1 .
The decision by the City Attorney's Office to file suit against Diann Fincel, personal
representative, heir and beneficiary of the estate of Beverly L. Knutson is hereby ratified.
ORT WORT
Resolution No. 4190-03-2013
2.
The City is authorized and directed to take all necessary legal action against Diann S. Fincel,
personal representative of the estate of Beverly L. Knutson to recoup indemnity (wages paid) and
medical costs in the amount of$32,644.89.
Adopted this 19`h day of March, 2013.
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Mary J. Kayse C* y Scretafya
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION. Approved on 3/19/2013 - Resolution No. 4190-03-2013
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DATE: Tuesday, March 19, 2013 REFERENCE NO.: G-17835
LOG NAME: 12FINCEL LAWSUIT
SUBJECT:
Adopt Resolution Ratifying the Lawsuit Entitled the City of Fort Worth as Subrogee of Ryan Stepp, Michael
Johnson, Thomas Loffland and Christopher Gray v. Diann S. Fincel, Personal Representative, Heir and
Beneficiary of the Estate of Beverly L. Knutson, Cause No. 141-264744-13 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution ratifying the lawsuit against Diann
S. Fincel, Personal Representative, Heir and Beneficiary of the Estate of Beverly L. Knutson, Cause No.
141-264744-13, filed on March 8, 2013, regarding a collision with a City police vehicle.
DISCUSSION:
On March 10, 2011, four City of Fort Worth Police Officers, Ryan Stepp, Michael Johnson, Thomas
Loffland, and Christopher Gray were travelling northbound in a police vehicle in the right lane of the 1500
block of South University Drive. Beverly L. Knutson was operating a vehicle travelling southbound in the
1400 block of South University Drive and executed a turn onto West Rosedale colliding with the Police
vehicle. As a result of the impact, all four Police Officers suffered bodily injuries.
Since the accident, the Department of Risk Management has attempted to enforce the City's lien against
the negligent driver's insurance company. Until recently, they believed the case would be resolved without
the necessity of a lawsuit. However with the two-year filing deadline approaching, in order to preserve the
City's lien, Risk Management asked the City Attorney's Office to file suit. The normal statute of limitations
exemption provided the City as a political subdivision does not apply in cases brought by a municipality,
as a subrogee, to recover workers' compensation benefits paid to its employees as a result of the
negligence of a tortfeasor.
Initially, the City prepared to file suit against the actual tortfeasor, Beverly L. Knutson, but discovered she
passed away on October 24, 2012 due to complications from an unrelated illness. Consequently, suit was
filed against the personal representative of her estate, Diann Fincel.
Because of the impending deadline to file suit imposed by the two-year state statute of limitations and the
City Council meeting schedule, the City Attorney's Office and the City Manager's Office were not able to
seek prior City Council authorization.
Texas workers' compensation laws require the City to provide medical treatment and salary benefits to
employees injured in the line of duty. Approval to file this lawsuit would allow the City to seek recovery of
medical costs in the amount of$22,996.89, and indemnity (wages paid) in the amount of $9,648.00 for a
total of$32,644.89.
An estimated $2,500.00 is expected to be spent pursuing this lawsuit.
Logname: 12FINCEL LAWSUIT Page 1 of 2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Systems Director certifies that funds are available in the current operating
budget, as appropriated, of the Risk Management Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
FE71 534060 0137120 $2,500.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (7504)
Originating Department Head: Sarah Fullenwider (8006)
Gerald Pruitt (7616)
Additional Information Contact: Benjamin Sampract (7617)
Logname: 12FINCEL LAWSUIT Page 2 oft