Tuesday, September 20, 2011


UPDATE:  Something settled as to Art Rendon - the terms were not disclosed.  I will be clear on this - if it is by agreement with ACE insurance it was a business decsion by the insurance company accepted by the Board.  If ACE approved the settlement then no one gets to allege collusion by anyone.   I can assure you Strasburger and Price and ACE are going to do what they need to do regardless of the wishes of the BISD Board.  Now if the money is coming from taxpayer funds, we have a problem.  What ever the settlement terms are, they are a public record.  We must now sit and wait to see the terms and the source of the  funding.


The day after Carl Montoya took over a source called me and claimed to have personally seen Art Rendon in the personnel office signing a contract. Well as we know that source lied. This is why I am tired of all the rumors.

The latest rumor is certain board members are about town telling people that Ace Insurance at Strasburger and Price's recommendation has recommended a $300,000 settlement with Art Rendon. I am hard pressed to believe this. This is particularly difficult to believe in light of Art Rendon's litigation problems related to his ability to prove damages.  Apparently his own brother would not hire him at the NY Deli, so his discovery responses indicate.


Strasburger and Price will only recommend settlement to ACE insurance if they see exposure. Exposure is not about justice, it is a business decision. You assess the cost of trial along with an appeal and compare that to what you can settle for and then go from there.

If there was a settlement on the table, it is possible Hector Gonzales' decision to sue could have killed the settlement. ACE was not happy to hear that Gonzales was trying to access the pot.

This raises another issue. Any and all settlements include a statement that the defendant (BISD in this case) denies all the claims and all liability. It will go on to say it is highly unlikely that any of the claims ever could have been proven. Some form of language along these lines is always included. In this case it is particularly important because of the outstanding Juarez and Gonzales lawsuits.  So any settlement is not an admission of wrongdoing by anyone.

Guys I have no idea what is going to happen. When Escobedo read off the items which would be voted on he did not include the items related to the litigation. But this could be an innocent oversight.

But here is the thing - if there comes a point Strasburger and Price recommends that ACE insurance settle, then we as a community can know a highly qualified law firm saw possible exposure to ACE insurance (BISD - but ACE pays) and as a community we should accept the decision. BISD Trustees have zero influence over Strasburger and Price and ACE. Any claims Strasburger and Price and ACE were unduly influenced would be false.


Anonymous said...

The part that lists the consent agenda does not include any of the litigation matters.

BobbyWC said...

thanks for the clarification

Anonymous said...

Always glad to help.

Anonymous said...

Thank you Supt. Sylvia Atkinson for clarifying this for Bobby! You are a smart cookie, but you mess that up with your personal vendettas!