TO: Mayor and Commission AGENDA DATE: 3/29/2025
FROM: City Manager AGENDA ITEM: 4 - C
SUBJECT:
Title
Resolution No. 2025-50, Approving the Settlement Agreement for the Espejo Litigation.
Body
LOCATION:
Citywide
COST:
$1,000.00 Deductible.
SOURCE OF FUNDS:
General Fund-Insurance Expense 001 190 524 501
ORIGINATING DEPARTMENT:
City Attorney’s Office
POTENTIAL MOTION:
Recommendation
“I move to adopt Resolution No. 2025-50 approving the Settlement Agreement for Espejo Litigation.”
END
BACKGROUND:
Background
On or about September 25, 2022, L.G., a minor, visited a playground located at Dewey O. Boster Sports Complex, 1200 Saxon Blvd, Deltona, FL 32725 and fell from a ladder. It is alleged that L.G. suffered personal injuries and incurred medical expenses as a result of the Accident.
As a result of the Accident, Crystal Espejo, as the natural parent and legal guardian of L.G., a minor (“Espejo”), filed a lawsuit against the City of Deltona (“City”) in Florida’s 7th Judicial Circuit in and for Volusia County, styled as Crystal Espejo, as natural parent and legal guardian of L.G., a minor v. City of Deltona and identified by Case Number 2023-10521-CIDL.
Espejo is willing to execute a General Release extinguishing any and all claims including all past, present, and future claims for damages arising from the Accident for the total amount of one hundred thousand dollars ($100,000.00), including all costs and attorney’s fees.
The City’s insurance carrier at the time of the Accident and Litigation, PGCS, will cover the cost of the Settlement Amount after payment of the City’s deductible cost of one thousand dollars ($1,000.00).
Staff recommends the City Commission approve Resolution No. 2025-50 approving the settlement agreement for the Espejo case matter.
END