Costanti v. Scottsdale settles for $34,000

An outside view of the Scottsdale City Court building at 3700 N. 75th St. (File photo)

Scottsdale has reached a settlement in a negligence lawsuit — Costanti v. City of Scottsdale — in the amount of $34,000.

On March 5, Scottsdale City Council approved on consent a resolution authorizing the settlement of the pending Maricopa County Superior Court case.

On April 28, 2017, plaintiff, Shari Costanti, was walking on a pedestrian walkway near the sidewalk in front of the shops at 4151 N. Marshall Way in Scottsdale. Ms. Costanti claims her foot was caught upon a deviation in the sidewalk, which caused her to trip and fall, according to a city staff report. The fall resulted in Ms. Costanti fracturing her wrist and needing surgery, among other injuries.

The city denies any liability and contends the plaintiff is at least partially, if not wholly, at fault for her accident and any associated damages, the staff report states.

Before filing suit, Ms. Costanti filed a notice of claim and supplements with the city seeking in excess of $150,000 in damages. Her claim for past and future medical bills is approximately $50,000. The $34,000 agreement between Scottsdale and Ms. Costanti will lead to the dismissal of the case and termination of the litigation, the staff report stated.

The settlement may be included in the city’s primary property tax rate for next year. The eligibility of settlement and judgment payments for possible inclusion in the city’s primary property tax rate is based on an Arizona Attorney General opinion.

The city has a long-standing practice of including paid tort settlements equal to or greater than $20,000 in the city’s primary tax rate to reimburse the self-insured fund for payment of the claim, the staff report stated.

Northeast Valley News Editor Melissa Rosequist can be e-mailed at mrosequist@newszap.com or can be followed on Twitter at twitter.com/mrosequist_.

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