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LT’s Michael Magee files $6 Million Claim against City for Injuring Biker

Courtesy of The Coolidge Examiner

The city of Coolidge has received a notice of claim for $6 million following an April collision involving a city vehicle that left a motorcyclist with reportedly serious injuries.

The claim was filed on Sept 19. Pursuant to A.R.S. §12-821.01, a person must file a notice of claim against a city within 180 days of the incident in question, meaning the cutoff would have been Oct. 8. Now that the claim has been filed, the city has 60 days to respond. Should the claim be ignored after Nov. 18, the filer of the claim may choose to pursue a lawsuit.

The incident took place on April 11 at 5:15 a.m., when police were called out to the area of Coolidge Avenue and Kenworthy Road in reference to an accident with injuries involving a truck and a motorcycle. The responding officer, Jacob Masterson, made contact with the motorcycle driver, David Porter, 40. Porter complained of pain in his right leg, fearing it might have been broken. The truck that collided with the motorcycle belonged to the Coolidge Parks and Recreation department, and was driven by city employee Marcus Jackson.

In Jackson’s written statement to police, he said he was attempting to turn west onto Kenworthy from Coolidge Avenue, traveling 5 to 7 m.p.h., when the motorcycle hit his the back of his truck on the passenger side. According to the police report, Jackson admitted to being at fault for the incident, as he failed to yield to the oncoming motorcycle while making the left turn.

According to Tina Vannucci, one of the city’s attorneys out of Fitzgibbons Law Offices, the city followed standard policies and procedures following the incident. Jackson was sent for a drug screening, which came back negative. He then received a verbal reprimand by his supervisor.

According to the claim, the $6 million figure would go toward incurred medical costs for injuries to Porter’s right leg, future medical costs and income loss.