Explanation
This Ordinance is submitted to settle the lawsuit known as Roland Helpman et al., v. City of Columbus, Case No. 05CVC06-6865 in the Franklin County Court of Common Pleas, in the total amount of Twenty Three Thousand Five Hundred Six Dollars and Sixty Four Cents ($23,506.64) of which Twenty Thousand Dollars and Zero Cents is for the plaintiff, Roland Helpman and the remaining Three Thousand Five Hundred Six Dollars and Sixty Four Cents is for the plaintiff, the United States Government. On February 1, 2005, the plaintiff suffered injuries as a result of an automobile accident between the plaintiff and City of Columbus Transportation Employee Wayne Smith. Employee Wayne Smith's vehicle rear-ended the plaintiff's vehicle. As a result of the accident, the United States Government through Medicare paid Three Thousand Five Hundred Six Dollars and Sixty Four Cents ($3,506.64) to settle Sixteen Thousand Eight Hundred Three Dollars and Fifty Nine Cents ($16,803.59) of the Plaintiff Roland Helpman's medical bills.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount of this claim.
Title
To authorize and direct the City Attorney to settle the lawsuit of Roland Helpman et al., v. City of Columbus, Franklin County Common Pleas Court, Case No. 05-CVC-06-6865, to authorize the expenditure of Twenty Three Thousand Five Hundred Six Dollars and Sixty Four Cents ($23,506.64), and to declare an emergency.
Body
WHEREAS, on June 24, 2005, the plaintiff Roland Helpman filed a lawsuit in the Court of Common Pleas, Franklin County, Ohio against the City of Columbus and the United States Government was later added as a plaintiff on April 25, 2006;
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 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 Roland Helpman et al., v. City of Columbus, Franklin County Court of Common Pleas Case No. 05CVC06-6865, by the payment of the total of $23,506.64 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, Transportation Division, Division Number 59-09, OCA Code 599161, Object Level One 05, Object Level Three 5533, 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 releases approved by the City Attorney in the total amount of $23,506.64, of which $20,000.00 is payable to Michael K. Geiser, counsel for plaintiff Roland Helpman, and Roland Helpman; and the remaining $3,506.64 is payable to the United States Government.
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.