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Atlanta to pay nearly $1 million to settle lawsuit over bicycle crash on city street

The City of Atlanta has agreed to pay nearly $1 million to settle a lawsuit stemming from a bicycle crash that seriously injured a physician on a city street.

In a unanimous vote Monday, the Atlanta City Council's Public Safety and Legal Administration Committee approved a resolution authorizing a $999,999.99 settlement in the case of Francisco Averhoff, M.D. and Claudia Vellozzi, M.D. v. City of Atlanta and John Does #1 & 2, which is pending in the State Court of DeKalb County.

According to the resolution, the lawsuit centers on a crash that happened on Nov. 19, 2023, when Dr. Averhoff was riding his bicycle on Clifton Terrace, NE. The lawsuit alleges his front tire dropped into a defect in the roadway maintained by the City of Atlanta Department of Transportation, causing him to fall and suffer severe bodily injuries.

The resolution states that the plaintiffs agreed to accept the settlement amount as full payment for all claims against the city and its employees.

City officials say the decision followed an extensive review of the facts and the law by the City Attorney's Office. The city determined that its potential financial exposure if the case went to trial would exceed the settlement amount, making a resolution the best option.

Under the agreement, the payment will come from the city's General Fund and be classified as a litigation expense. The funds will be paid by check to the Law Offices of Andrew E. Goldner, LLC and Dr. Averhoff.

The resolution authorizes the city attorney to finalize all settlement documents and formally dismiss the claims once payment is made.

The committee's vote was unanimous, with council members Andrea Boone, Byron Amos, Thomas Worthy, Dustin Hillis, Wayne Martin and Antonio Lewis voting in favor. Council member Michael Julian Bond was absent from the meeting.

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