Explanation
Background: This ordinance is submitted to settle the lawsuit known as W. Justin Crabtree, et al. v. City of Columbus, Case No. 06CVC-01-672 in the Franklin County Court of Common Pleas, for the total amount of One Million Two Hundred Fifty Thousand Dollars ($1,250,000.00).
On January 4, 2006, Justin Crabtree suffered severe and permanent injury as a result of a collision between the bicycle he was riding and a vehicle driven by Andre Cook. The collision occurred on Williams Road near Groveport Road in Columbus, Ohio. The plaintiffs alleged that the City was negligent in failing to keep Williams Road in repair and to remove obstructions.
Fiscal Impact
Funds were not specifically budgeted for this settlement, however, sufficient monies are available in the appropriate account to pay the amount for this purpose.
Title
To authorize and direct the City Attorney to pay the settlement to W. Justin Crabtree and his attorney, John M. Alton Co., LPA, and to declare an emergency.
Body
WHEREAS, On January 17, 2006, the plaintiffs filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 06CVC-01-672, against Andre Cook and, on December 6, 2006, added the City of Columbus as a defendant. The plaintiffs alleged that the City's negligence in failing to keep the roadway in repair and to remove obstructions contributed to causing the collision resulting in severe and permanent injury to plaintiff Justin Crabtree; and,
WHEREAS, Following the evaluation of plaintiffs' 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 from all further liability; and,
WHEREAS, By reason of the foregoing, and in order to meet the timeframe of the agreement and 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 W. Justin Crabtree, et al. v. City of Columbus, Case No. 06CVC-01-672 in the Franklin County Court of Common Pleas, for the total amount of One Million Two Hundred Fifty Thousand Dollars ($1,250,000.00).
Section 2: That the City Auditor be and is hereby authorized and directed to transfer $625,000 within the general fund, fund no. 010 from the Department of Finance & Management, department/division 45-01, object level 1-10, object level 3 - 5501, OCA 904508 to the Department of Public Service, department/division 59-01, object level 1 - 05, object level 3 - 5571, OCA 590018.
Section 3: For the purpose of paying the settlement, there be and hereby is authorized to be expended by the City of Columbus, Department of Public Service, Department/Division 59-01, fund no. 010, Object level one - 05, Object level three - 5571, OCA 590018, the sum of Six Hundred Twenty Five Thousand Dollars ($625,000.00).
Section 4: That the transfer of cash and appropriation within Fund 265, the Street Construction Maintenance and Repair Fund, be authorized as follows:
Transfer from:
Fund/Dept./Division/O.L. 1/O.L.3/OCA/Amount
265 / 59 / 59-11 / 1 / 1150 / 591111 / $200,000
265 / 59 / 59-11 / 1 / 1150 / 591117 / $200,000
265 / 59 / 59-11 / 1 / 1150 / 591155 / $25,000
265 / 59 / 59-11 / 1 / 1160 / 591111 / $100,000
265 / 59 / 59-11 / 1 / 1160 / 591117 / $100,000
Transfer To:
Fund/Dept./Division/O.L. 1/O.L.3/OCA/Amount
265 / 59 / 59-11 / 5 / 5571 / 591117 / $625,000
Section 5: For the purpose of paying the settlement, there be and hereby is authorized to be expended by the City of Columbus, Department of Public Service, Department/Division 59-11, fund no. 265, Object level one - 05, Object level three - 5571, OCA 591117, the sum of Six Hundred Twenty Five Thousand Dollars ($625,000.00).
Section 6: That the City Auditor be and hereby is authorized to draw a warrant upon the City Treasury upon receipt of a voucher and release approved by the City Attorney in the amount of One Million Two Hundred Fifty Thousand Dollars ($1,250,000.00) payable in the following manner:
Eight Hundred Thousand Dollars ($800,000.00) to:
William Justin Crabtree and John M. Alton Co., LPA
and
Four Hundred Fifty Thousand Dollars ($450,000.00) to:
BHG Structured Settlements, Inc.
Section 7: That for the reasons stated in the preamble hereto, which is 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 days after passage if the Mayor neither approves nor vetoes the same.