Department: County Attorney
Department Head/Elected Official: Christian D. Menefee
Regular or Supplemental RCA: Regular RCA
Type of Request: Financial Authorization
Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): N/A
MWDBE Contracted Goal (if applicable): N/A
MWDBE Current Participation (if applicable): N/A
Justification for 0% MWDBE Participation Goal: N/A - Goal not applicable to request
Request Summary (Agenda Caption):
title
Request for approval of a settlement in connection with Cause No. 1173433; Harris County, Texas v. Donel Dewyne Phillips; consolidated into 2021-22887; Jared Lindsay v. Donel Phillips, BMB Dining dba Bombshells, et al.; CAO File No. WC-20-526209.
end
Background and Discussion:
Harris County has asserted its statutory subrogation rights as a Workers’ Compensation insurer to recover benefits paid on behalf of its employee, Jared Lindsay, who was injured in an automobile accident with while in the course and scope of his employment with Harris County Constable Precinct Seven on March 8, 2020. Harris County paid $72,055.12 in workers compensation and salary continuation benefits. The only available liability insurance policy providing coverage for Defendant, Phillips, is a $30,000.00 limits policy which has been tendered in settlement. Bombshells offered $300,000.00 in settlement. After payment of other medical expenses, Lindsay would recover net $48,427.61 and his attorneys’ fees and expenses would be $151,774.78. Harris County would receive $61,246.85 for its lien. Harris County Risk Management is in agreement with this proposed settlement. An order authorizing Harris County’s settlement of its claims is attached for use by the Court if the Court decides it would be in the best interest of the county to settle the County’s claims against Donel Phillips and BMB Dining and their employees.
Expected Impact: N/A
Alternative Options: N/A
Alignment with Goal(s): N/A
_ Justice and Safety
_ Economic Opportunity
_ Housing
_ Public Health
_ Transportation
_ Flooding
_ Environment
_ Governance and Customer Service
Prior Court Action (if any): N/A
|
Date |
Agenda Item # |
Action Taken |
|
|
|
|
Location: N/A
Address (if applicable):
Precinct(s): Choose an item.
|
Fiscal and Personnel Summary |
|
Service Name |
|
|
|
FY 24 |
FY 25 |
Next 3 FYs |
|
Incremental Expenditures (do NOT write values in thousands or millions) |
|
Labor Expenditures |
$ |
$ |
$ |
|
Non-Labor Expenditures |
$ |
$ |
$ |
|
Total Incremental Expenditures |
$ |
$ |
$ |
|
Funding Sources (do NOT write values in thousands or millions) |
|
Existing Budget |
|
Choose an item. |
$ |
$ |
$ |
|
Choose an item. |
$ |
$ |
$ |
|
Choose an item. |
$ |
$ |
$ |
|
Total Current Budget |
$ |
$ |
$ |
|
Additional Budget Requested |
|
Choose an item. |
$ |
$ |
$ |
|
Choose an item. |
$ |
$ |
$ |
|
Choose an item. |
$ |
$ |
$ |
|
Total Additional Budget Requested |
$ |
$ |
$ |
|
Total Funding Sources |
$ |
$ |
$ |
|
Personnel (Fill out section only if requesting new PCNs) |
|
Current Position Count for Service |
- |
- |
- |
|
Additional Positions Requested |
- |
- |
- |
|
Total Personnel |
- |
- |
- |
Anticipated Court Date: N/A
Anticipated Implementation Date (if different from Court date): N/A
Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item
Contact(s) name, title, department: Bridget Johnson, Executive Assistant & Agenda Coordinator, Office of the County Attorney Christian D. Menefee
Attachments (if applicable): Order