Explanation
Background: This ordinance is submitted to settle the civil action captioned Nowak v. Columbus and assigned Case No. 09-CVC-10-15180 in the Court of Common Pleas for Franklin County, Ohio.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the appropriate accounts to pay the amount of this claim.
Title
To authorize and direct the City Attorney to settle Nowak v. Columbus, Franklin County Court of Common Pleas Case No. 09-CVC-10-15180, to authorize the City Auditor to transfer $500,000.00 within the general fund from the Department of Finance and Management to the Department of Public Safety, Division of Police, to authorize the expenditure of the sum of Five Hundred Eighty-Nine Thousand, Seven Hundred Thirty-Six Dollars ($589,736.00) in settlement of this civil action, payable as specified in Section 4, and to declare an emergency.
Body
WHEREAS, on October 9, 2009, James D. Nowak and Mary E. Nowak filed a lawsuit in the Court of Common Pleas for Franklin County, Ohio, against the City of Columbus arising out of an automobile accident occurring on October 27, 2007; and,
WHEREAS, on October 27, 2007, James S. Pence, a former Equipment Operator I with the Columbus Division of Police, while driving a police wrecker within the course and scope of his employment, ran a red light and struck a sedan being driven by James D. Nowak at the intersection of South Front & West Mound in Columbus, Ohio; and,
WHEREAS, James D. Nowak claims to have been charged medical bills in the amount of $136,225.69 as a result of the October 27, 2007, accident; and,
WHEREAS, James D. Nowak claims to have incurred past and future lost wages and employment benefits amounting to $202,469.76 as a result of the October 27, 2007, accident; and,
WHEREAS, James D. Nowak has suffered and will likely continue to suffer substantial noneconomic loss as a result of the October 27, 2007, accident; and,
WHEREAS, Mary E. Nowak incurred lost wages of $1,485.00 while caring for James D. Nowak immediately after the October 27, 2007, accident; and,
WHEREAS, Mary E. Nowak has suffered and will likely continue to suffer substantial noneconomic loss and loss of consortium from James D. Nowak as a result of the October 27, 2007, accident; and,
WHEREAS, it is in the best interest of the City of Columbus to settlement this civil action in the total amount of Five Hundred Eighty-Nine Thousand, Seven Hundred Thirty-Six Dollars ($589,736.00); and,
WHEREAS, sufficient funds are available within the Finance Department's citywide account and the Division of Police's General Fund budget to cover this settlement; and,
WHEREAS, by reason of the foregoing, an emergency exists in the usual operations of the City, and it would be in the City's best interest to compromise and settle this matter, 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 civil action captioned Nowak v. Columbus and assigned Case No. 09-CVC-10-15180 in the Court of Common Pleas for Franklin County, Ohio, by payment of Five Hundred Eighty-Nine Thousand, Seven Hundred Thirty-Six Dollars ($589,736.00);
SECTION 2: That the City Auditor be and hereby is authorized and directed to transfer Five Hundred Thousand Dollars ($500,000) within the general fund, fund no. 010, from the Department of Finance and Management, Department/Division 45-01, object level one -10, object level three - 5501, OCA 904508 to the Department of Public Safety, Division of Police, Department/Division 30-03, object level one - 05, object level three - 5573, OCA 301382.
SECTION 3: For purposes of paying the settlement described in Section 1, there be, and hereby is, authorized to be expended by the City of Columbus, Department of Public Safety, Division of Police, Department/Division 30-03, Object level one - 05, Object level three - 5573, OCA 301382, Fund No. 010, the sum of Five Hundred Eighty-Nine Thousand, Seven Hundred Thirty-Six Dollars ($589,736.00);
SECTION 4: 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 Five Hundred Eighty-Nine Thousand, Seven Hundred Thirty-Six Dollars ($589,736.00) payable to James D. Nowak, Mary E. Nowak, and the law firm of Tzangas, Plakas, Mannos & Raies, Ltd.;
SECTION 5: That for the reasons stated in the preamble hereto, which is made 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.