HomeMy WebLinkAboutResolution 5664-12-2022 A Resolution
NO. 5664-12-2022
AUTHORIZING THE CITY ATTORNEY TO FILE A LAWSUIT ENTITLED
CITY OF FORT WORTH, TEXAS V. MELISSA SILVA
WHEREAS, on May 4, 2018, a Fort Worth Fire Department fire truck was
proceeding to an emergency call with lights and siren activated at the roundabout at
North Henderson Street and White Settlement Road. Melissa Silva failed to yield the
right of way to an emergency vehicle and collided with the fire truck resulting in over
$12,000.00 in property damage to the City vehicle; and
WHEREAS, the City has attempted to negotiate a settlement with Melissa
Silva's insurance company, but its claim was denied; and
WHEREAS, the City is entitled to recover its damages resulting from Melissa
Silva's negligent operation of her vehicle.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
FORT WORTH, TEXAS, THAT:
The City Council authorizes the City Attorney to file a lawsuit against Melissa
Silva.
Adopted this I3th day of December 2022.
ATTEST:
✓`annettg S. Goodall QR
By: Jannette S.G.dall(De 15,202214:51 CST)
Al : •.O
Jannette S. Goodall, City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/13/22 M&C FILE NUMBER: M&C 22-1025
LOG NAME: 12PROPERTY DAMAGE LAWSUIT 2022
SUBJECT
(ALL)Adopt Resolution Authorizing the City Attorney to File Suit Against Melissa Silva to Recover Monetary Damage to a City of Fort Worth Fire
Truck Resulting from a Motor Vehicle Accident
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution and authorize the City Attorney to file a lawsuit against Melissa Silva to
recover monetary damage to a City of Fort Worth Fire Truck resulting from a motor vehicle accident that occurred on May 4,2018.
DISCUSSION:
On May 4,2018, a Fort Worth Fire Department fire truck was proceeding to an emergency call with lights and siren activated at the roundabout at
North Henderson Street and White Settlement Road. Ms. Silva failed to yield the right of way to an emergency vehicle and collided with the fire
truck resulting in over$12,000.00 in property damage.The City's Risk Management Department attempted to negotiate a settlement with Ms.
Silva's insurance company, but our claim was denied.
Funding is budgeted in the Lawsuit Expenses account of the HR Lawsuit Payments and Costs Department's Risk Financing Fund.
This M&C does not request approval of a contract with a business entity.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation,funds are available in the current operating budget,as previously
appropriated,in the Risk Financing Fund. Prior to an expenditure being incurred,the Human Resources Department has the responsibility to
validate the availability of funds.
Submitted for City Manager's Office--W. ALL ACMs 6122
Originating Business Unit Head: Leann Guzman 8973
Additional Information Contact: Harvey L.Frye Jr. 8715