City settles suit in crash case involving officer
Council to award $85K to motorcyclist
The Yuma City Council approved a $85,000 settlement in the case of a traffic accident involving an on-duty police officer. The settlement was part of the Dec. 19 consent agenda.
This lawsuit stems from an accident between Officer Nickolas Davis and the plaintiff, Nicholas Fabela, on Jan. 20, 2017, at about 4:40 a.m., near the intersection of West 24th Street and South 8th Avenue.
Davis, while on duty as a police officer, reportedly made a turn mid-block and collided with Fabela, who was riding a motorcycle.
The lawsuit, filed in Yuma County Superior Court on behalf of Fabela by attorney Thomas G. Kelly, contends that Davis violated traffic laws by making an “unsafe” turn and “did so negligently, carelessly and recklessly,” causing his vehicle to “violently collide with the motorcycle driven by plaintiff Nicholas Fabela.”
The lawsuit contends that the city was negligent in hiring and/or training Davis.
Fabela sustained grievous physical injuries, according to the lawsuit. “Due to the negligence of the city employee, Fabela has required and continues to require the services of physicians, radiologists and other medical attendants.”
It adds that Fabela has not been able to perform his usual employment duties and functions “and may not be able to do so in the future, resulting in present and future wage loss, as well as future earnings.”
Fabela sued for compensatory damages for an amount to be awarded by a jury. The plaintiff had also asked for special damages compensation to cover medical bills and expenses. Compensation would also cover the cost and expenses incurred in litigating the lawsuit, as well as other relief deemed necessary by the court.
A jury trial had been scheduled for Aug. 5 before Superior Court Judge Larry Kenworthy.
The City Attorney’s Office recommended settlement of the lawsuit for $85,000 after “reviewing the facts and evidence of the accident and Plaintiff’s supporting documentation,” a staff report stated.
It further noted that the City Attorney’s Office “believes this settlement is fair and reasonable under the circumstances and the costs of trial and possible legal exposure faced by the City. Adoption of this motion authorizes and directs the City Attorney’s Office to settle the Fabela v. City of Yuma, et al. lawsuit for $85,000.”