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File #: 1152-2023    Version: 1
Type: Ordinance Status: Passed
File created: 4/10/2023 In control: Criminal Justice & Judiciary Committee
On agenda: 4/24/2023 Final action: 4/26/2023
Title: To authorize and direct the City Attorney to settle the lawsuit known as Karen James, Administrator of the Estate of Daniel Ronald James v. City of Columbus, et al., case number 21 CV 1556 pending in the Court of Common Pleas of Franklin County, Ohio; to authorize the expenditure of the sum of one million one hundred thousand dollars and zero cents ($1,100,000.00) in settlement of this lawsuit; and to declare an emergency. ($1,100,000.00)

Explanation

 

Background:                     

 

This Ordinance is submitted to settle the lawsuit known as Karen James, Administrator of the Estate of Daniel Ronald James v. City of Columbus, et al. pending in the Court of Common Pleas of Franklin County, Ohio, in the amount of one million one hundred thousand dollars and zero cents ($1,100,000.00). Plaintiff Karen James’ lawsuit arises out of a claim that two paramedics from the Columbus Division of Fire failed to appropriately treat and transport her husband, Donald James, on December 9, 2017.

 

On March 11, 2021, Ms. James re-filed a lawsuit in the Court of Common Pleas of Franklin County, Ohio, against the City of Columbus, Bryan Owens, and Christopher Mattingly, in which she claimed the paramedics failed to properly treat and transport her husband, Daniel James. She alleges the failure of the paramedics to treat and transport Mr. James resulted in his death.

 

Fiscal Impact:                     

 

Funds were not specifically budgeted for this settlement; however, sufficient monies are available within the Department of Finance’s Citywide Account for this purpose.

 

Emergency action is requested for this ordinance to be effective immediately in order for the parties to effectuate the settlement of this lawsuit 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.

 

Title

 

To authorize and direct the City Attorney to settle the lawsuit known as Karen James, Administrator of the Estate of Daniel Ronald James v. City of Columbus, et al., case number 21 CV 1556 pending in the Court of Common Pleas of Franklin County, Ohio; to authorize the expenditure of the sum of one million one hundred thousand dollars and zero cents ($1,100,000.00) in settlement of this lawsuit; and to declare an emergency. ($1,100,000.00)

 

Body

 

WHEREAS, on March 11, 2021, a lawsuit was re-filed by Karen James in the Court of Common Pleas of Franklin County, Ohio, against the City of Columbus, Bryan Owens, and Christopher Mattingly, in which she claimed the paramedics failed to properly treat and transport her husband, Daniel James, which  resulted in his death; and

 

WHEREAS, following the evaluation of the claims and the risk of continued litigation of the claims against the City of Columbus, Bryan Owens, and Christopher Mattingly, a settlement in the amount of one million one hundred thousand dollars and zero cents ($1,100,000.00) to be paid by the City, was deemed acceptable by the City of Columbus, Department of Public Safety, along with dismissal of the case with prejudice and a release of the City of Columbus and its employees from any further liability; 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 this lawsuit 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; 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 pending in the case known as Karen James, Administrator of the Estate of Daniel Ronald James v. City of Columbus, et al. pending in the Court of Common Pleas of Franklin County, Ohio by payment of One Million One Hundred Thousand Dollars and Zero Cents ($1,100,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.

 

SECTION 2.                      That the transfer of $1,100,000.00, 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 to the Department of Public Safety per the accounting codes in the attachment to this ordinance.

 

SECTION 3.                     That the expenditure of $1,100,000.00, or so much thereof as may be needed, is hereby authorized as follows in the General Fund, object class 03 per the accounting codes in the attachment to this ordinance.

 

SECTION 4.                     That, upon the receipt of an approved 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 one for the sum of One Million One Hundred Thousand Dollars and Zero Cents ($1,100,000.00) payable to Cooper & Elliott LLC IOLTA.

 

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 from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.