Explanation
Background:
This Ordinance is submitted to settle the lawsuit captioned Michael Wiggins et al. v. City of Columbus et al., Franklin County Court of Common Pleas Case No. 24-CV-3283 (the “Lawsuit”), in the amount of Seven Hundred and Fifty Thousand Dollars and No Cents ($750,000).
The Lawsuit was brought by Michael Wiggins and Cynthia Mackensen, individually and as co-special administrators of the Estate of Timothy Jay Wiggins (the “Estate”), against the City of Columbus and two employees of the Columbus Division of Fire, Tyler Conners and Timothy Boyd. The lawsuit arises out of an auto-collision involving Timothy Jay Wiggins and a fire engine operated by City Firefighter Tyler Conners.
On or about July 23, 2023 Tyler Conners was driving Engine 5 going northbound on Interstate 270. Then- Lieutenant Timothy Boyd was the ranking officer on Engine 5 that night. Engine 5 was called off of an emergency run, and Firefighter Conners began merging to the left in order to make a left-hand turn into an emergency vehicle turnaround. While Engine 5 was in Lane 2 (second from the left), slowing, and beginning to turn into the turnaround, a sedan in Lane 1 (the left-most lane) attempted to pass Engine 5. The sedan was unable to do so and collided with Engine 5 in the left median near the entrance to the turnaround. Both Engine 5 and the sedan came to a stop with the rear corner of Engine 5 still protruding into Lane 1. The decedent, Timothy Wiggins (age 63), was driving a pickup truck in Lane 1 and collided with the rear of Engine 5. Mr. Wiggins was immediately killed by that impact. The Estate, through its co-administrators, alleges claims of negligence; wrongful death; respondeat superior; negligent hiring, training, supervision, and/or retention; negligent entrustment; and punitive damages. This settlement will allow for resolution of all of the Estate’s claims relating to the July 23, 2023 vehicle collision.
Fiscal Impact:
This ordinance authorizes the settlement of a lawsuit captioned Michael Wiggins et al. v. City of Columbus et al., Franklin County Court of Common Pleas Case No. 24-CV-3283; Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance’s Citywide Account for this purpose.
Emergency action is requested for this ordinance to be effective immediately in accordance with the terms of the settlement of this lawsuit, which is in the best interest of the City, and to pay the agreed to sum without delay.
Title
To authorize and direct the City Attorney to settle the lawsuit captioned Michael Wiggins et al. v. City of Columbus et al., Franklin County Court of Common Pleas Case No. 24-CV-3283; to authorize the expenditure of the sum of Seven Hundred and Fifty Thousand Dollars and No Cents ($750,000.00) in settlement of the lawsuit; to authorize the transfer of $750,000.00 within the General Fund; and to declare an emergency. ($750,000.00)
Body
WHEREAS, the Estate of Timothy Jay Wiggins alleges that the death of Timothy Jay Wiggins was caused by the negligence of the City of Columbus, Division of Fire and/or its employees; and
WHEREAS, a settlement in the amount of Seven Hundred and Fifty Thousand Dollars and No Cents ($750,000.00), to be paid by the City of Columbus, was deemed to be acceptable in exchange for a release of any and all claims, and an agreement to defend and indemnify the City of Columbus and any of its current or former employees, agents, and officials; and
WHEREAS, the amount of Seven Hundred and Fifty Thousand Dollars and No Cents ($750,000.00) will be paid to the law firm of Donahey, Defossez, and Evans which will distribute the settlement sum to the Estate of Timothy Jay Wiggins; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Safety, Division of Fire, 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 employees Tyler Connors and Timothy Boyd, by payment of the sum of Seven Hundred and Fifty Thousand Dollars and No Cents ($750,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That the transfer of $750,000.00, or so much thereof as may be needed, is hereby authorized between object classes within the General Fund from the Department of Finance’s Citywide account per the account codes in the attachment to this ordinance:
Section 3. That the expenditure of $750,000.00, 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 seven hundred fifty thousand dollars and no cents ($750,000.00) made payable to the law firm of Donahey, Defossez, and Evans.
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.