Explanation
This ordinance is submitted to settle the lawsuit known as Sandra Trask-Tyler, at al. v. Columbus City Recreation & Parks Department, et al., Court of Common Pleas of Franklin County, Ohio, Case No. 02 CVC 02-1791, in the amount of $55,000.00.
FISCAL IMPACT: Funds are available for this settlement that will cost $55,000.00.
Title
To authorize and direct the City Attorney to settle the lawsuit of Sandra Trask-Tyler, et al. v. Columbus City Recreation & Parks Department, et al., Court of Common Pleas of Franklin County, Ohio, Case No. 02 CVC 02-1791, to authorize the expenditure of $55,000.00, and to declare an emergency.
Body
WHEREAS, on February 17, 2000, at approximately 4:50 pm at Woodward Park Recreation Center, 5147 Karl Road, an incident occurred involving City of Columbus, Recreation & Parks Department, and Tia Tyler (a minor); and
WHEREAS, on that date and at that location Tia Tyler was involved in a Columbus Recreation and Parks soccer class when a ball was kicked which struck a gym ceiling light causing the light to break and the glass within the light to fall striking Tia Tyler in the face; and
WHEREAS, as a result of the incident Tia Tyler was injured by the falling glass; and
WHEREAS, Tia Tyler received emergency medical treatment involving repair of a facial laceration, and then ongoing medical care to monitor the progress of the injury. Ultimately Tia Tyler was diagnosed with a permanent facial scar which is not amenable to any further surgical repair; and
WHEREAS, a settlement in the amount of $55,000.00 with Sandra Trask-Tyler and Marc Tyler, on behalf of themselves and as parents and next best friends of Tia Tyler, is deemed reasonable, along with a dismissal of the lawsuit by the Plaintiffs, and a release of Defendants from any further liability; and
WHEREAS, the amount of $55,000.00 will be paid to Ringler Associates, which will disburse the settlement sum, and purchase annuities which will later be disbursed to Tia Tyler; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, and that it is immediately necessary to pay this settlement thereby preserving 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 Sandra Trask-Tyler, et al. v. Columbus City Recreation & Parks Department, al., Court of Common Pleas of Franklin County, Ohio, Case No. 02 CVC-02-1791, by the payment of $55,000.00 to Ringler Associates Inc., as a reasonable and fair amount in the best interests of the City of Columbus. The Settlement Agreement and Release, which embodies these terms, will be presented for approval to the Franklin County Probate Court, and the release of the payment of $55,000.00 to Ringler Associates Inc., is subject to that approval.
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 Recreation & Parks, Division Number 51-02, OCA Code 510289, Object Level One 05, Object Level Three 5533, Fund No. 285.
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of $55,000.00 to Ringler Associates Inc., upon approval by the City Attorney.
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 days after passage if the Mayor neither approves nor vetoes the same.