Explanation
This Ordinance is submitted to settle the lawsuit known as Demario Wiggins v. City of Columbus, et al., Case No. 02CVC09-10837 in the Franklin County Court of Common Pleas, in the amount of One Hundred Thousand and No/100 Dollars ($100,000.00). On September 1, 2002, the plaintiff suffered injuries as a result of an automobile accident between the plaintiff and police officer Mia Lancaster. Officer Lancaster was enroute to a prowler call when the plaintiff pulled onto High Street and was struck by the officer's cruiser.
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 pay the settlement amount in trust to Timothy Van Eman, counsel for Mr. Wiggins, in the case of Demario Wiggins v. City of Columbus, et al., Case No. 02CVC09-10837 in the Franklin County Court of Common Pleas; to authorize the expenditure of the sum of One Hundred Thousand and No/100 Dollars; and to declare an emergency. ($100,000.00).
Body
WHEREAS, on September 30, 2002, the plaintiff filed a lawsuit in the Court of Common Pleas, Franklin County, Ohio against the City of Columbus and Officer Lancaster;
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, peach, 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 Demario Wiggins v. City of Columbus, et al., Franklin County Court of Common Pleas Case No. 02CVC09-10837, by the payment of the total of $100,000 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 Safety, Division of Police, Division Number 30-03, OCA Code 301382, Object Level One 05, Object Level Three 5533, Fund No. 010.
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney in the total amount of $100,000.00 payable in trust to Tim VanEman, counsel for Demario Wiggins.
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.