Scottsdale Independent

Scottsdale settles Fagen Superior Court suit for $59K

The city of Scottsdale has come to terms with Ellen Fagen in the amount of $59,000 in an out-of-court settlement stemming from a March 2016 fall on city-owned property.

Ms. Fagen has a pending lawsuit against the city of Scottsdale in Maricopa County Superior Court, according to a Scottsdale city staff report.

Scottsdale City Council approved the out-of-court settlement at its Nov. 28 meeting at City Hall, 3939 N. Drinkwater Blvd.

“The litigation stems from a purported trip and fall over a bicycle rack at the corner of 3rd Avenue and Marshall Way in Scottsdale on March 6, 2016,” a Nov. 28 city staff report states. “Ms. Fagen filed a notice of claim with the city seeking $250,000. She alleged that as a result of her fall, she incurred approximately $75,000 in medical bills as well as pain and suffering. She suffered a broken knee cap requiring surgery as well as other injuries.”

Scottsdale denied her claims and Ms. Fagen filed for her suit in Superior Court, city officials say.

Following mediation on Nov. 17, city officials say, Ms. Fagen agreed to the settlement amount leading to the dismissal of the Superior Court case and litigation.