Auto Accident Lawsuit Settlements

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					LAWSUITS

A total of forty (40) lawsuits were filed this quarter. Thirty-one (31) were filed in New
Mexico District Court, eight (8) were filed in United States District Court, and one (1)
was filed in Metro Court. These lawsuits were to the following divisions:

                    Municipal Affairs Division (MAD)                17
                    Public Safety/Trial Division                    23
                    Total:                                          40

Lawsuits received were under the following categories:


                    Civil Rights                       9
                    Personal Injury                    2
                    Breach of Contract                 1
                    Declaratory Judgment               5
                    Foreclosure                        12
                    Quiet Title                        1
                    Damages                            3
                    Negligence                         2
                    Appeals                            4
                    Inverse Condemnation               1
                    Total                              40
TORT CLAIMS

A total of 33 tort claims were acknowledged by the City Attorney from October 1, 2006
to December 31, 2006:

Month                 Miscellaneous         APD                   Total
October 2006          10                    5                     15
November 2006         6                     4                     10
December 2006         4                     4                     8
Grand Total           20                    13                    33
CITY VICTORIES

Case Name            Type of Suit       Division/         Synopsis of Case       Disposition        Amount Paid
Legal Matter No.                        Attorney                                                    by City
Totlyn Wright        Wrongful           Litigation/       Plaintiff claimed      Dismissed based    $--0--
Lee, et al. v.       Death              Stephanie         that jail failed to    on Martinez
COA, et al.                             Griffin           render medical aide    reports
KOB v. City          Land Use           Litigation/       KOB sued re            Court held that    $--0--
                                        Michael           ordinance              the ordinance
                                        Garcia            prohibiting helipad    was valid
                                                          operations in
                                                          residential area
Sylvester Stanley    Civil Rights       Litigation/       Police officer         Dismissed with     $--0--
v. Pablo Padilla,                       Catherine         accused of             Prejudice
et al.                                  Arlowe            excessive force
Denise Kopan v.      Personal           Litigation/       Plaintiff ran into a   Voluntary          $--0--
COA, et al.          Injury             David Nava        construction hole      Dismissal
                                                          that was not
                                                          barricaded
Patrick Martinez     Civil Rights       Litigation/       Plaintiff alleged he   Dismissed -        $--0--
v. COA, et al.                          Catherine         found APD in his       Untimely
                                        Arlowe            home without a         Complaint
                                                          search warrant
Paloni v. COA        Civil Rights       Litigation/       Plaintiff claimed      Summary            $--0--
                                        Paula Forney      she was                Judgment
                                                          discriminated by       Affirmed by the
                                                          APD and the was        10th Circuit
                                                          constructively
                                                          forced to retire
John Vigil v. COA    Civil Rights       Litigation/       Plaintiff claimed he   Summary            $--0--
and Doyle                               Paula Forney      was discriminated      Judgment
                                                          against when he        Affirmed by the
                                                          was not selected to    10th Circuit
                                                          be the City’s
                                                          purchasing officer

SETTLEMENTS OR JUDGMENTS BELOW $10,000.00

Case Name                Type of Suit       Division/        Synopsis of         Disposition       Amount Paid
                                            Attorney         Case                                  by City
Robbin Burge v. COA      Employment         Litigation/      Plaintiff claimed   Settlement        No cash - job
                                            Lisa Wisdom      she was unfairly                      reinstatement
                                                             disciplined re
                                                             evidence room
                                                             fallout.
Allstate Insurance, et   Property           Litigation/      Auto accident       Settled           $934.72
al. v. COA, et al.       Damage             Shelly Mund      involving City
                                                       vehicle
Allstate Insurance, et     Property      Litigation/   A driveline fell    Settled           $2,800.00
al. v. COA, et al.         Damage        Shelly Mund   off a Solid
                                                       Waste truck
                                                       caused damage
                                                       to a BMW
Cummings v. City           Public        Litigation/   Claimant            Settled           $2,885.63
                           Records       Michael       requested
                                         Garcia        records and
                                                       was not
                                                       responded to
Lynn Reule v. COA          Temporary     Litigation/   Fire Dept.          TRO granted       $5,000.00 for
                           Restraining   Beatrice      employees                             attorneys fees
                           Order         Brickhouse    claimed City
                                                       violated their
                                                       rights by
                                                       prohibiting them
                                                       from
                                                       participating in
                                                       an off duty
                                                       event
UTU v. City                FLSA          Litigation/   Settlement of       Court ruled no    $5,800.00
                                         Michael       lawsuit             withholding for
                                         Garcia        w/payments to       IRS
                                                       union for
                                                       individuals who
                                                       could not be
                                                       found to give
                                                       checks
Mario Obregon, et al.      Tort          Litigation/   Plaintiffs          Settled           $6,250.00
v. COA                                   Beatrice      claimed they
                                         Brickhouse    suffered carbon
                                                       monoxide
                                                       poison from
                                                       faulty roof of
                                                       public housing
Natalie Abbott v. Bell     Personal      Litigation/   Plaintiff fell on   Settled           $8,750.00
Bonding, et al.            Injury        Michael       sidewalk where
                                         Garcia        bricks had been
                                                       removed
Bank of America,           Foreclosure   MAD/ Mark     Foreclosure         Dismissed by      $--0--
N.A. v. Leonardo                         Hirsch                            Plaintiff
Espinosa, et al.
Charter Bank v.            Foreclosure   MAD/ Mark     Foreclosure         Dismissed by      $--0--
Jacob P. Griego, et                      Hirsch                            Plaintiff
al.
Wells Fargo v. The         Foreclosure   MAD/ Mark     Foreclosure         Dismissed by      $--0--
Unknown Heirs of                         Hirsch                            Plaintiff
Dianna I. Willis, et al.
Peter Jensen, et al.       Foreclosure   MAD/ Mark     Foreclosure         Dismissed by      $--0--
v. Sarah Gorder, et                     Hirsch                    Plaintiff
al.
Citimortgage, Inc. v.     Foreclosure   MAD/ Mark   Foreclosure   Dismissed by      $--0--
Ronald Dupuy, et al.                    Hirsch                    Plaintiff
Citimortgage, Inc. v.     Foreclosure   MAD/ Mark   Foreclosure   Disclaimed        $--0--
Brett A. Miller, et al.                 Hirsch
Matrix Financial          Foreclosure   MAD/ Mark   Foreclosure   Dismissed for     $--0--
Services Corp. v.                       Hirsch                    Lack of
Sandra C. Herrera, et                                             Prosecution
al.
Deutsche Bank             Foreclosure   MAD/ Mark   Foreclosure   Disclaimed        $--0--
National Trust v.                       Hirsch
Louise A. McDade, et
al.
Charter Bank v.           Foreclosure   MAD/ Mark   Foreclosure   Dismissed by      $--0--
Virginia A. Silva, et                   Hirsch                    Plaintiff
al.
Bank of New York v.       Foreclosure   MAD/ Mark   Foreclosure   Dismissed by      $--0--
Alex J. Abeyta, et al.                  Hirsch                    Plaintiff
Bank of New York v.       Foreclosure   MAD/ Mark   Foreclosure   Defendant filed   $--0--
Louis F. Carrillo, et                   Hirsch                    Bankruptcy
al.
CASES WITH DISPOSITION OF $10,000 OR MORE

Case Name           Type of Suit      Division/     Synopsis of Case         Disposition   Amount Paid
Legal Matter No.                      Attorney                                             by City
Christopher         Personal Injury   Litigation/   Plaintiff claimed        Settled       $15,000.00
Johnson v. COA,                       Stephanie     City employee
et al.                                Griffin       negligently caused
                                                    motor vehicle
                                                    accident.
Mark Krueger v.     Breach of         Litigation/   Plaintiff claimed        Settled       $20,000.00
COA                 Contract          Lisa Wisdom   unfair testing
                                                    procedures for
                                                    sergeant’s exam.
Charles A. Silva,   Property          Litigation/   Sewer backup             Settled       $25,000.00
et al. v. COA       Damage            Randy Autio   caused damage to
                                                    property
Roberto Robles v. Personal Injury     Litigation/   Plaintiff claimed jail   Settled       $28,000.00
MDC, et al.                           Stephanie     was negligent in
                                      Griffin       directing Plaintiff to
                                                    climb a ladder
                                                    which caused him
                                                    to fall and break his
                                                    leg.
1011Fourth St.,     Tort - Motor      Litigation    APD police vehicle       Settled       $46,750.00
LLC v. COA          Vehicle           Beatrice      crashed into law
                    Accident          Brickhouse    offices
Patricia Skinner    Personal Injury   Litigation/   Auto accident            Settled       $50,000.00
v. Victor Romero,                     Shelly Mund
et al.
DeReyes v. City     Employment        Litigation/   Termination from         Settled       $75,000.00
                                      Michael       Oct. 2000 where
                                      Garcia        reinstatement could
                                                    have meant large
                                                    backpay and
                                                    benefits
Linda Young v.      Personal Injury   Litigation/   Plaintiff’s car was      Settled       $115,000.00
Peter                                 Michael       t-boned by bus that
Vanhavermaat, et                      Garcia        ran red light which
al.                                                 resulted in serious
                                                    and lasting injuries
COMPLETED ENFORCEMENT ACTIONS


Case Name              Type of Suit        Division/Attorney                Disposition
Legal Matter #
COA v. Carl David      Nuisance              Community                      Disposed
Jelinek                Abatement             Enforcement/Abatement Dawn
                                             Branch
State v. Guadalupe     Pohl Motion (Internal Community                      Motion for IA File
Gonzales               Affairs)              Enforcement/Abatement George   Denied
                                             Heidke
Impoundment of         Impoundment           Community                      Vehicle Declared
1987 Red Toyota 4      (Contraband)          Enforcement/Abatement George   Contraband
Runner                                       Heidke
State v. Joseph        Pohl Motion (Internal Community                      Motion for Disclosure
Tenorio                Affairs)              Enforcement/Abatement George   Withdrawn
                                             Heidke
State v. James         Nuisance              Community                      Plea and Disposition
Tovar                  Abatement             Enforcement/Abatement George   Agreement filed
                                             Heidke
Angelique Savedra      ID Theft              Community                      Savedra never made
v. COA, APD                                  Enforcement/Abatement Ellen    appointment to review
                                             Argyres                        records
Gregory E.             ID Theft              Community                      Thompson never came
Thompson                                     Enforcement/Abatement Ellen    in to review file
                                             Argyres
In the matter of       Pohl Motion (Internal Community                      Nolle Prosequi
Daniell Manley, a      Affairs)              Enforcement/Abatement George
child, and JoLysa                            Heidke
Manley, a child
Rene Fidel             Expungement         Community                        Judge Denied
Rodriguez v. APD,                          Enforcement/Abatement George     Expungement
COA                                        Heidke
State v. Christopher   Expungement         Community                        Petition to Expunge
Baca                                       Enforcement/Abatement George     never filed with court
                                           Heidke
COA v. Interstate      Nuisance            Community                        Interstate Inn was
Inn                    Abatement           Enforcement/Abatement Peter      Closed
                                           L. Dinelli
NEW LAWSUITS

No.   Case Name                                            Court   Division     Type of
                                                                                Complaint
1     Protection and Advocacy System, et al. v. COA        NMDC    Litigation   Declaratory and
                                                                                Injunctive Relief
2     Mortgage Electric Systems, Inc. et al. v. Victor     NMDC    MAD          Foreclosure
      Chavez, et al.
3     Ben Stafford v. APD                                  NMDC    Litigation   Civil Rights
4     Rudolph German Serrano v. COA Mayor Martin           USDC    Litigation   Civil Rights
      Chavez, et al.
5     Volcano Cliffs Property Owners Association, et       NMDC    Litigation   Declaratory and
      al. v. COA                                                                Injunctive Relief
6     Santa Fe Pacific Trust Inc. v. COA                   NMDC    Litigation   Inverse
                                                                                Condemnation
7     Charter Bank v. Jacob P. Griego, et al.              NMDC    MAD          Foreclosure
8     Lynn Reule, et al. v. COA, et al.                    USDC    Litigation   Declaratory and
                                                                                Injunctive Relief
9     Matrix Financial Services Corp. v. Jeanette Ary,     NMDC    MAD          Foreclosure
      et al.
10    Secretary of Veterans Affairs v. Richard P.          NMDC    MAD          Foreclosure
      Chavez, et al.
11    Benjie Lorenzo Cardenas, et al. v. Officer           USDC    Litigation   Civil Rights
      Matthew Fisher
12    Darrell Allen v. COA, et al.                         NMDC    Litigation   Damages from
                                                                                Negligent
                                                                                Operation of a
                                                                                Vehicle
13    Citimortgage Inc. v. Brett A. Miller, et al.         NMDC    MAD          Foreclosure
14    Charter Bank, et al. v. Emilio Chavez, III, et al.   NMDC    MAD          Foreclosure
15    Leo Michael Baca v. Lucas C. Townsend, et al.        USDC    Litigation   Civil Rights
16    Wells Fargo Bank v. The Unknown Heirs of             NMDC    MAD          Foreclosure
      Dianna I. Willis, deceased, et al.
17    Petition for Judicial Review of COA Construction     NMDC    MAD          Petition for
      Bid for the Wyoming Library Remodel v. COA, et                            Judicial Review
      al.
18    Maria Aragon v. Group 1, et al.                      NMDC    MAD          Complaint for
                                                                                Quiet Title
19    Ralph Harrison v. COA and Bret White                 NMDC    Litigation   Complaint for
                                                                                Property
                                                                                Damages
20    Richard Mora v. Albuquerque Police Officers, et      NMDC    Litigation   Civil Rights
      al.
21    Mardo Martinez v. COA                                NMDC    Litigation   Breach of
                                                                                Contract
22    Western Heritage Insurance Company v. Peter          USDC    Litigation   Declaratory
      Lopez, et al.                                                             Judgment and
                                                                                Reimbursement
23    M. Christine Montoya, et al. v. COA                  NMDC    Litigation   Declaratory
                                                                               Judgment and
                                                                               Injunctive Relief
24   The Citi Group/Sales Financing, Inc. v. Donny R.     NMDC    MAD          Foreclosure
     Placencia, et al.
25   Charter Bank v. Gilbert Adame, et al.                NMDC    MAD          Foreclosure
26   Viola Cordova v. Nicole S. Montague, et al.          NMDC    Litigation   Complaint for
                                                                               Damages
27   Raymond Lucero v. Shaun Willoughby, et al.           NMDC    Litigation   Civil Rights and
                                                                               Personal Injury
28   Bank of America, NA v. Leonardo Espinosa, et         NMDC    MAD          Foreclosure
     al.
29   Homero Alonso Mata, et al. v. Circuit City Stores,   USDC    Litigation   Negligence,
     Inc., et al.                                                              Tort, Civil
                                                                               Rights
30   Raul C. Zapata v. Mayor of Albuquerque, et al.       USDC    Litigation   Civil Rights
31   Cheri Joyce v. COA, et al.                           USDC    Litigation   Constitutional
                                                                               Rights
32   Countrywide Home Loans, Inc. v. Brian J. Rael,       NMDC    MAD          Foreclosure
     et al.
33   Rupert Holland v. City Council of COA, et al.        NMDC    MAD          Notice of
                                                                               Appeal
34   Mary Ann Gutierrez, et al. v. Michael J. Gomez,      NMDC    Litigation   Personal Injury
     et al.
35   Katrina B. Lucero v. COA                             NMDC    Litigation   Personal Injury
36   Kenneth M. Robey v. City Council of COA, et al.      NMDC    MAD          Notice of
                                                                               Appeal
37   Gene Wheet v. COA                                    NMDC    Litigation   Petition for Writ
                                                                               of Certiorari
38   Carl E. Radosevich v. COA, et al.                    Metro   MAD          Civil Complaint
39   Stacy Snow v. Brian Earle, et al.                    NMDC    Litigation   Money
                                                                               Damages
40   Deutsche Bank National Trust Company, et al.         NMDC    MAD          Foreclosure

				
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