Explanation
This Ordinance is submitted to settle the lawsuit entitled Paul W. Dyer, Jr. v. City of Columbus, et al. Case No. 07CVC12-16668 filed in the Court of Common Pleas of Franklin County, Ohio, for the total amount of Ninety-Nine Thousand Dollars ($99,000.00). Specifically, the City of Columbus will pay Paul W. Dyer, Jr. the amount of Sixty-Nine Thousand Dollars and No Cents ($69,000.00) and will pay the Ohio Attorney General, acting on behalf of the Ohio Bureau of Workers' Compensation, the amount of Thirty Thousand Dollars and No Cents ($30,000.00).
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 settlement.
Title
To authorize the City Auditor to transfer $99,000.00 within the general fund from the Department of Finance and Management to the Department of Public Service, Division of Refuse; to authorize and direct the City Attorney to pay the settlement amounts to Paul W. Dyer, Jr., plaintiff, and Todaro and Wagoner Co., L.P.A., and to the Ohio Attorney General, acting on behalf of the Ohio Bureau of Workers' Compensation, in the lawsuit entitled Paul W. Dyer, Jr. v. City of Columbus, et al. Case No. 07CVC12-16668, pending in the Franklin County Court of Common Pleas, to authorize the expenditure of the sum of Ninety-Nine Thousand Dollars ($99,000.00); and to declare an emergency.
Body
WHEREAS, on December 6, 2007, Paul W. Dyer, Jr. filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 07CVC12-16668, against the City of Columbus and against Joseph Cash, whom plaintiff Dyer subsequently dismissed from the lawsuit;
WHEREAS, in said lawsuit, plaintiff Dyer alleged that he was injured on the morning of December 20, 2005, when a City of Columbus refuse vehicle was involved in a motor vehicle accident at the intersection of Watkins Road and Alum Creek Drive;
WHEREAS, on October 14, 2008, plaintiff Dyer amended his complaint to add the Ohio Bureau of Workers' Compensation as a party;
WHEREAS, the Ohio Attorney General, acting on behalf of the Ohio Bureau of Workers' Compensation has pursued a claim against the City of Columbus for a statutory subrogation interest against the recovery in this cause of action;
WHEREAS, following the evaluation of plaintiff Dyer's claims and the Ohio Bureau of Workers' Compensation's claims, in the course of litigation, the parties reached an agreement to settle this matter;
WHEREAS, 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 present and past employees from further liability; and,
WHEREAS, by reason of the foregoing an emergency exists in the usual daily operation of the City 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 lawsuit of Paul W. Dyer, Jr. v. City of Columbus, et al. Case No. 07CVC12-16668, pending in the Franklin County Court of Common Pleas, by the payment of the total amount of Ninety-Nine Thousand Dollars ($99,000.00). Specifically, the City of Columbus will pay Paul W. Dyer, Jr. the amount of Sixty-Nine Thousand Dollars and No Cents ($69,000.00) and will pay to the Ohio Attorney General, acting on behalf of the Ohio Bureau of Workers' Compensation, the amount of Thirty Thousand Dollars and No Cents ($30,000.00).
Section 2. That the City Auditor be and hereby is authorized and directed to transfer Ninety-Nine Thousand Dollars ($99,000.00) 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 Service, Division of Refuse, Department/Division 59-02, Object Level One - 05, Object Level Three - 5571, OCA 593566.
Section 3. 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, Division of Refuse Collection, Division Number 59-02, OCA Code 593566, Object Level One 05, Object Level Three 5571, Fund No. 010.
Section 4. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney in the amount of Sixty-Nine Thousand Dollars and No Cents ($69,000.00) and to make said warrant payable to Paul W. Dyer, Jr. and Todaro and Wagoner Co., L.P.A.
Section 5. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney in the amount of Thirty Thousand Dollars and No Cents ($30,000.00) and to make said warrant payable to the Ohio Attorney General on behalf of the Bureau of Workers' Compensation.
Section 5. 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.