SAN DIEGO TO SETTLE LAWSUITS FOR $500K

One payout goes to family of man killed by city police car

San Diego is paying $500,000 to settle two lawsuits, one where a man was killed when he was struck by a police officer allegedly driving too fast and one where a woman suffered significant injuries when she tripped on fractured pavement.

The city has agreed to pay the family of Jesus Cazares $350,000 based on claims that the officer was speeding in his patrol car and talking on a cellphone when he struck Cazares, who was running across South 47th Street, in September 2018.

While city documents say his daughter Denise Cazares and his wife Maria Cazares live in Chula Vista, court documents say Jesus Cazares, 60, was homeless when he was hit.

An investigation found that the officer was traveling somewhere between 5 mph and 10 mph over the posted 35 mph speed limit, and court documents say he admitted to using his cellphone on the speaker setting.

The investigation also found that Cazares was not in the crosswalk when he was struck just before 8 p.m. in southeastern San Diego.

The settlement agreement, which the City Council approved Tuesday, allowed Superior Court Judge Richard Whitney to cancel a jury trial.

In the second case, the city has agreed to pay Ramona Maria Juarez Ruiz $150,000 for injuries she suffered in February 2019 on G Street just south of state Route 94.

Her lawsuit alleges that she was injured because of uneven, fractured and defective sidewalk on the south side of G Street in the Grant Hill neighborhood of south San Diego.

Ruiz contends the injuries, which the lawsuit does not describe in detail, have significantly diminished her future earnings and income.

She claims the city knew of the broken sidewalk and did nothing to fix it or warn pedestrians.

Ruiz’s lawsuit had been seeking more than $5 million in damages.

In general, the city is willing to settle most cases when plaintiffs agree to a payout of $200,000 or less, because that is typically the city’s cost to prepare for and execute a trial.

The settlement agreement, which the City Council approved Tuesday, allows Superior Court Judge James Mangione to cancel a jury trial that had been scheduled to begin Sept. 29.

The settlements come in the wake of a 2020 city audit that found San Diego could significantly reduce the nearly $25 million a year it spends on lawsuit payouts if it invests in better employee training and deeper analyses of risks.

The audit found that San Diego spent $220 million total over nine fiscal years, from 2010 to 2018, handling about 20,000 claims and lawsuits filed during that time.

Auditors also recommended proactive measures like fixing damaged sidewalks and concrete in key areas and revamping dangerous intersections.