Explanation
Background:
This Ordinance is submitted to settle the lawsuit captioned Raquan Freeman v. City of Columbus, et al., Franklin County Common Pleas Court Case number 25-CV-5292, in the amount of Seventy-Five Thousand Dollars ($75,000.00). On or about June 22, 2023, Plaintiff Raquan Freeman was a passenger in a vehicle (“Unit 2”) driven by Derrick Sharraud Craddolph, Jr. Also on June 22, 2023, Dylan Mullen was, within the scope of his employment with the City of Columbus, operating a vehicle (“Unit 1”) owned by the City of Columbus. Unit 1 and Unit 2 collided at the intersection of South 3rd Street and East Fulton Street (the “Incident”) in Columbus, Ohio. As a result of the Incident, Columbus Division of Fire transported Plaintiff and Mr. Craddolph to Grant Hospital in Columbus, Ohio.
In exchange for a full dismissal of the case, along with a release of any claims, Plaintiffs will accept a settlement of $75,000.00.
Fiscal Impact:
This ordinance authorizes the settlement of a lawsuit captioned Raquan Freeman et al. v. City of Columbus, et al., United States District Court Case No. 2:20-cv-6256; Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance’s Citywide Account for this purpose.
Emergency Designation:
Emergency action is requested for this ordinance to be effective immediately in order for the parties to effectuate the settlement of Mr. Freeman’s claims against the City, which is in the best interest of the City, and to pay the agreed to sum without delay thereby mitigating any potential claim of further liability.
Title
To authorize and direct the City Attorney to settle the lawsuit captioned Raquan Freeman v. City of Columbus, et al., Franklin County Common Pleas Court Case number 25-CV-5292; to authorize the expenditure of the sum of seventy-five thousand dollars ($75,000.00) in settlement of the lawsuit; to authorize the transfer of $75,000.00 within the General Fund; and to declare an emergency. ($75,000.00)
Body
WHEREAS, Raquan Freemen filed a lawsuit in the Civil Division of the Court of Common Pleas in Franklin County, Ohio, captioned Raquan Freeman v. Dylan Keith Mullen, the City of Columbus, Derrick S. Craddolph, and Erie Insurance Group, Case Number 25CV5292 out of a collision on June 22, 2023 involving Columbus Division of Fire employee Dylan Mullen; and
WHEREAS, Raquan Freeman claims bodily injuries which required medical treatment and physical therapy as a result of the June 22, 2023 collision; and
WHEREAS, Raquan Freeman claims lost wages as a result of the June 22, 2023 collision; and
WHEREAS, following the evaluation of the incident, a settlement in the amount of Seventy-Five Thousand Dollars ($75,000.00), to be paid by the City, was deemed to be acceptable in exchange for a release from Raquan Freeman of any claims against the City of Columbus and any of its employees, agents, officials, including Columbus Division of Fire employee Dylan Mullen; and
WHEREAS, an emergency exists in the usual daily operations of the City Attorney’s Office in that it is necessary for this ordinance to be effective immediately in order for the parties to effectuate the settlement of these claims in accordance with the terms of the settlement agreement, which is in the best interest of the City, and to pay the agreed to sum without delay, all for the immediate preservation of the public health, peace, property, safety and welfare; and 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 all claims against the City of Columbus, its officers, agents, and employees, including Columbus Division of Fire employee Dylan Mullen, by payment of the sum of Seventy-Five Thousand Dollars ($75,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That the transfer of $75,000.00, or so much thereof as may be needed, is hereby authorized between object classes within the General Fund Transfer Line per the account codes in the attachment to this ordinance:
Section 3. That the expenditure of $75,000.00, or so much thereof as may be needed, is hereby authorized as follows in the General Fund object class 05 per the accounting codes in the attachment to this ordinance:
Section 4. That, upon receipt of an invoice and a release approved by the City Attorney, the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of seventy-five thousand dollars ($75,000.00) made payable to Raquan Freeman and the Buckeye Law Group.
Section 5. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance is hereby declared to an emergency measure and shall take effect and be in force after passage and approval by the Mayor, or 10 days after passage if the Mayor neither vetoes nor approves the same.