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TO: |
Board of Trustees |
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THROUGH: |
Jay Fox, Executive Director |
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FROM: |
Viola Miller, Chief Financial Officer |
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PRESENTER(S): |
Tim Merrill, Assistant Attorney General |
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Dave Pitcher, Claims and Insurance Manager |
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Mike Benvegnu, Claims Administrator |
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Mitch Nielsen, Claims Adjuster |
TITLE:
title
Disbursement: Claim Settlement Approval (Tashjian Marvin Gardens, G & R Inc., and Becky Jorgensen)
end
AGENDA ITEM TYPE:
Disbursement
RECOMMENDATION:
Approve and authorize the Executive Director to execute settlement of Tashjian Marvin Gardens, G & R Inc., and Becky Jorgensen vs UTA, and associated disbursements, in the amount of $307,700 which will be disbursed proportionally to the three plaintiffs.
BACKGROUND:
Tashjian Marvin Gardens, G & R Inc., Becky Jorgensen vs UTA
On March, 30, 2022 a UTA bus ran a red light and the resulting collision sent the bus through a gas station and into an adjacent hotel resulting in extensive property damage. This case was assigned claim number GL-50521.
DISCUSSION:
Tashjian Marvin Gardens, G & R Inc., Becky Jorgensen vs UTA
There are three plaintiffs in this case. Becky Jorgensen was going through the intersection next to Lavell Edwards Stadium in Provo on a green light when she collied with a UTA bus which had entered the intersection on a red light. Ms. Jorgensen’s vehicle was a total loss. The collision sent the bus into the service station owned by G&R, Inc causing significant damage to gas pumps, landscape, and signage. Crossing the property, the bus went over a retaining wall and into a hotel owned by Tashjian Marvin Gardens causing significant structural damage to the building. Combined property damage from the three plaintiffs exceeds the property damage tort cap under the Utah Governmental Immunity Act of $307,700.00. This amount will be apportioned as settlement of the plaintiff’s property damage claims. Authority is requested to settle all claims within the property damage tort cap of $307,700.00.
ALTERNATIVES:
Tashjian Marvin Gardens, G & R Inc., Becky Jorgensen vs UTA - try the case.
FISCAL IMPACT:
This case has a value of $307,700.00 based on the Tort Cap. Funding for this settlement is budgeted as part of the 2023 operating budget for Risk and Insurance Services. As a self-insured entity in Utah, UTA is required to have a designated cash account sufficient to cover all probable losses.
ATTACHMENTS:
None