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City attorney’s office puts into motion out-of-court settlement in Kirkwood v. City of Scottsdale at Superior Court

By Terrance Thornton
Digital Free Press

Upon formal direction from the City Attorney’s Office, Scottsdale City Council has approved the pursuit of an out-of-court settlement stemming from a 2019 multi-vehicle accident.

Embolden through resolution No. 12491, which was approved by City Council during a May 17 public meeting at City Hall, 3939 N. Drinkwater Blvd., puts into motion a settlement offer to the tune of $75,000 to settle a notice of claim filed against the municipality.

This lawsuit stems from a multi-vehicle accident, which occurred on Sept. 5, 2019, on east
McDowell Road and north 74th Street, in Scottsdale,” said City Attorney Sherry Scott in her report to City Council.

“[The] plaintiff alleges that a Scottsdale police officer caused the accident by rear-ending the vehicle in front of him. [The] plaintiff alleged that he was injured and incurred medical bills totaling $114,000 because of the collision. [The] plaintiff is also claiming damages for future medical care and a separate property damage claim for damage to his vehicle. [The] plaintiff filed a notice of claim demanding $500,000 to settle the claim.”

Public records at the Maricopa County Superior Court show the case Kirkwood v. City of
was filed in response to a notice of claim, reported to City Council, filed against the municipality.

Municipal officials say both parties participated in mediation proceedings where a deal was struck.

“The parties engaged in a formal mediation with an independent mediator on April 26, 2022,” Ms. Scott reported to City Council. “The parties were able to reach a proposed settlement of $75,000 during the lengthy mediation. This proposed settlement would resolve the entirety of the lawsuit, including all related fees and costs.”

Along with the Scottsdale Risk Management Department, city staff recommended the settlement process begin following the May 17 adoption of resolution No. 12491.

“If the settlement is not approved, the matter will be set for trial and a substantial commitment of additional city resources will be necessary to continue defense of the case,” Ms. Scott told City Council in the recommendation. “In addition, the city will incur significant additional expenditures for taking and defending multiple expert witnesses’ depositions.”

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