Explanation
This Ordinance is submitted to settle the lawsuit known as Sumonta Jarupan v. Trizec Hahn, et al., Case No. 03CVC-04-4849 in the Franklin County Court of Common Pleas, in the amount of Twenty Five Thousand and No/100 Dollars ($25,000.00). On May 1, 2001, the Plaintiff, while stepping out of a car on Young Street near the intersection with Broad Street, stepped into a hole created by a missing section of curb. The Plaintiff tripped and fell forward onto the sidewalk in front of the Borden Building, owned by Trizec Hahn. The Plaintiff injuries included a broken ankle and sprained wrist.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount this claim.
Title
To authorize and direct the City Attorney to settle and pay the settlement amount to Sumonta Jarupan in the case of Sumonta Jarupan v. Trizec Hahn, et al., Case No. 03CVC-04-4849 in the Franklin County Court of Common Pleas, to authorize the expenditure of the sum of Twenty Five Thousand and No/100 Dollars ($25,000.00), and to declare an emergency.
Body
WHEREAS, on April 29, 2003, the plaintiff filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 03-CVC04-4849, against the City of Columbus and Trizec Hahn Borden Building Management. The plaintiff's allegations included municipal corporation liability and negligence for the defective curb.
WHEREAS, following the evaluation of plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit with prejudice and a release of the City of Columbus and its employees from further liability; and,
WHEREAS, by reason of the foregoing, and in order to avoid the possible payment of interest, an emergency exists in the usual daily operation of the City and for further preservation of the public health, peace, property, safety and welfare, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That the City Attorney be and hereby is authorized and directed to settle the lawsuit of Sumonta Jarupan v. Trizec Hahn, et al., Case No. 03CVC-04-4849 in the Franklin County Court of Common Pleas, by the payment of the total of $25,000 as a reasonable and fair amount in the best interests of the City of Columbus.
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus, Department of Public Service, Division Number 5909, OCA Code 599001, Object Level One 05, Object Level Three 5535, Fund No. 265.
Section 3. That the City Auditor be and is hereby authorized to draw warrants upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney payable in the following manner: $25,000.00 payable to Sumonta Jarupan and Richard T. Robol, counsel for Plaintiff.
Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten day after passage if the Mayor neither approves nor vetoes the same.