HomeMy WebLinkAbout2009-R-14RESOLUTION 2009-R- f ~/
A RESOLUTION OFFERING SETTLEMENT IN RE THE MATTER OF
THE NOTICE OF TORT CLAIM OF R. MONTY SNELLING
WHEREAS, on July 11, 2009 the Jeffersonville City Police Department
responded to an emergency call wherein an armed suspect had robbed a local lending
institution;
WHEREAS, the Jeffersonville Police responded in a professional, trained and
expert manner inasmuch as they were able to stop the armed suspect and prevent him
from fleeing;
WHEREAS, as a result the suspect exited his vehicle brandishing a weapon
thereby endangering himself and the officers on the scene exposing them to life
threatening harm;
WHEREAS, despite the lengthy efforts of the Jeffersonville Police to encourage
the suspect to surrender without incident, the armed suspect leveled his weapon at the
officers thereby causing the officer's to have no other resort but to fire their weapons
upon the suspect;
WHEREAS, as a result of the discharge of weapons a round entered the home
owned by R. Monty Snelling;
WHEREAS, the round entered the exterior wall causing damage to the exterior
of the home. Moreover, the round caused damage to an interior wall, a love seat, an
end table and a window in the home of R. Monty Snelling;
WHEREAS, the City of Jeffersonville acknowledges, understands and agrees
that the City owes R. Monty Snelling compensation for those damages caused by the
round discharged by the police department;
WHEREAS, in an effort to fulfill this obligation the City of Jeffersonville entered
into meaningful negotiations with R. Monty Snelling.
WHEREAS, the City's legal obligation was to pay R. Monty Snelling the
reasonable, fair market value of the two (2) pieces of furniture that were damaged and
to pay for the repairs to the exterior wall, interior wall and window;
WHEREAS, on August 24, 2009 the City tendered a final offer of settlement to
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constitutional rights;
F. Engaged in any conduct that was not justified under the
circumstances and situation wherein an armed assailant was
threatening harm to the officers and citizens in the area in question;
WHEREAS, the Jeffersonville. City Council, the Mayor and the findings of the
Clark County Prosecuting attorney, Steven Stewart, support the findings that the
Jeffersonville Police Department acted professionally, correctly in reasonably under the
circumstances presented by the armed assailant;
BE IT SO RESOLVED THAT:
A. The offer of settlement of property damages tendered on August 24, 2009
shall be extended up to and including Noon on October 1, 2009;
B. If R. Monty Snelling refuses said offer of settlement he shall be given leave
to file suit against the City of Jeffersonville inasmuch as the City of
Jeffersonville shall not offer any additional taxpayers' monies to resolve
this matter;
This Resolution shall be in full force and effect from and after its passage and
approval.
Voted Against:
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Darren Wilder Law Office
530 E. Court Avenue
Jeffersonville, Indiana 4.7130
Telephone: 812-288-6820 fax:812-282-3188
From the Desk of Darren Wilder August 24, 2009
Bart Betteau
1212 State Street
New Albany, IN 47150
RE: Monty Snelling
Dear Bart:
As we spoke on Monday, the Mayor had asked that I memorialize the events and the City's offer
related to Monty's property loss of July 11, 2009. It is my understanding, that following the
tragic events of July 11, 2009 it was discovered that 2 bullets fired by Jeffersonville Police
entered Monty's home. One through, and broke, a window, the other through the exterior siding.
Further, that those two bullets caused further damage once inside wherein one struck and
splintered the leg of an end table and the other struck you leather couch.
Subsequently, I understand that Monty was encouraged by .the Mayor to submit a claim to the
City's insurance for review. Unfortunately, I am told; the insurance company had denied the
claim based upon a theory of immunity. Nonetheless, it is my understanding that the Mayor had
asked Monty submit invoices and bills for damages for consideration to be paid directly by the
C1ty.
However, I understand there is some concern as it relates to the claimed losses. First, he
submitted an estimate for $2,695.31, from Ron Reid, for all new siding for the side of his house
that was struck by a single bullet. Mr. Reid notes that this is due to the fact that the specific color
and texture of siding would be extremely difficult to match, in his opinion. This would seem to
be a bit exorbitant since it was a single piece of siding that was damaged and there appears to be
alternatives to matching his'siding. As well, Monty's submitted furniture loss totaled $6,944.26.
This was for an entire living room suit that consisted of 2 end tables, a coffee table, a couch and
love seat. Again, this would seem excessive in light of the fact that he only lost 2 pieces of
furniture, a couch and end table.
Nonetheless, the Mayor has been willing to try and resolve Monty's property-loss and has asked
that I memorialize his previous offer. First, the City would agree to purchase the furniture, in
your estimate, from Classic Furniture and Value City, and arrange to have it delivered. The
proviso being that the City would arrange to pay Classic Furniture and Value City directly for the
furniture and its delivery. Too, the City would like to have a 2"~ opinion, or another estimate,
done on repairing the siding. There is a web site that is used quite often by insurance adjusters,