City Attorney’s Office: Courtroom would cost unnecessary funds
By Terrance Thornton | Digital Free Press
Scottsdale City Council Thursday, July 7, approved a $23,342.50 out-of-court settlement with Eileen Kranz, who alleges she tripped and fell while walking along Bell Road approaching the light at 94th Street, documents show.
Sherry Scott, Scottsdale city attorney, reports to City Council the claim stems from an alleged incident occurring in April 2021.
“This claim arises from a trip and fall accident that occurred on April 18, 2021,” she said.
“Eileen Kranz was walking along the north side of Bell Road, approaching the light at 94th Street, when she alleges she tripped over a sidewalk panel that was raised in comparison to the adjoining panel, causing her to fall forward onto her arm and face. Ms. Kranz’s claimed injuries include a bruised left hand/arm, a chin laceration that required sutures, a chipped tooth/loose crown that required oral surgery, bleeding from her left ear and tinnitus.”
Ms. Scott reports Ms. Kranz’s claim against the municipality includes anticipated future dental costs.
“During the discovery phase of litigation, counsel for the city and plaintiff engaged in settlement negotiations to determine if a settlement was possible prior to each party incurring substantial litigation costs,” Ms. Scott said in her report.
“Subject to City Council approval, the parties have agreed to resolve this litigation for the amount of $23,342.50, which represents the cost of plaintiff’s initial medical treatment. This will resolve the entirety of the claim by Ms. Kranz, including her claimed pain and suffering, permanent injuries, any lost wages, future medical bills and any and all related fees and costs.”
The most prudent approach to resolving the legal matter, Ms. Scott reports, is to settle for the amount reported.
“City staff is recommending that the City Council approve this settlement because the cost, uncertainty and risk of going forward to trial in this case outweighs the amount of this negotiated settlement,” she said.
