Scottsdale to pay $185k to plaintiffs in litigation

Editor’s Note: A previous version of this story misidentified the location of the alleged incident. We apologize for any confusion this may have caused.

The city of Scottsdale has reached a settlement in the case Megan Townend and Jon Townend v. City of Scottsdale, et. al, which will pay the Townends $185,000 after Ms. Townend fell and broke a bone in her hand on a city sidewalk.

The city decided to move forward with the settlement after the City Council approved it on consent during its Tuesday, Nov. 13 meeting at City Hall, 3939 N. Drinkwater Blvd.

Ms. Townend claims she tripped and fell on Jan. 8, 2017, on a city sidewalk near 13121 N. 89th Way. As a result, she claimed she suffered a spiral fracture in her right hand.

She and her husband filed a notice of claim, seeking $325,000 in damages to which the city denied the claim, a city staff report to council states. The Townends then filed suit.

The city denied liability and claimed the sidewalk was in accordance with acceptable standards at the time of its construction. It also claimed “the condition was not unreasonably dangerous.”

The parties participated in mediation Sunday, Oct. 24 and reached the settlement, according to a staff report. The city will take the funds from the city’s Risk Management Operating Budget.

The city says the settlement amount may be included in its primary property tax rate for the next year. This potential inclusion is based on an Arizona Attorney General opinion, the report states.

Scottsdale has a practice of including paid tort settlements of more than $20,000 in the city’s primary tax rate to reimburse the self-insure fund.

News Services Reporter Josh Martinez can be contacted at jmartinez@newszap.com or at 623-445-2738

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