Explanation
BACKGROUND:
This Ordinance is submitted to settle the lawsuit known as Jean Dennis, et al. v. the City of Columbus, et al. Case No. 10CVC-06-9157 in the Franklin County Court of Common Pleas, in the amount of thirty-two thousand five hundred dollars ($32, 500.00). Ms. Dennis sued the City and a City employee, alleging the City employee's negligent operation of a City motor vehicle caused her personal injury. On June 23, 2008, the City employee ran a red light colliding with a COTA bus, operated by Dennis. The City employee was cited for failure to obey a traffic control device. As a result of the collision, Dennis was injured; she received medical treatment and was out of work for five months. She could not continue as a bus driver and has taken a lesser paying job at COTA.
FISCAL IMPACT:
Funds have not been specifically budgeted for this settlement, but are available in the appropriate
amount.
Title
To authorize and direct the City Attorney to settle the claims brought by Jean Dennis against the City of Columbus and Randy Pepper in the Franklin County Court of Common Pleas, to authorize the expenditure of the sum of thirty-two thousand five hundred dollars ($32,500.00) in settlement of this lawsuit, and to declare an emergency.
Body
[WHEREAS, on June 18, 2010, Ms. Dennis filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 10CVC-06-9157, against the City and City employee Randy Pepper, in which she claimed personal injury caused by Mr. Pepper's negligence in connection with a vehicular accident; and
WHEREAS, Following discovery and settlement conferences, the amount of thirty-two thousand five hundred dollars ($32, 500.00) in settlement of Ms. Dennis's claims was deemed acceptable by the City of Columbus, along with dismissal of the case with prejudice by all parties and a release of the City of Columbus and its employees, past and present, from any further liability; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to enter into the foregoing settlement agreement so that Plaintiff can be timely paid; 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 Jean Dennis, et al. v. City of Columbus, et al. Case No. 10CVC-06-9157 in the Franklin County Court of Common Pleas by payment of thirty-two thousand five hundred dollars ($32,500.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be paid from Fund No. 600 , Department No. 6009, OCA Code 601849, Minor Object Code 5573, the sum of thirty-two thousand five hundred and 00/100 dollars ($32,500.00).
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of thirty-two thousand five hundred and 00/100 dollars ($32, 500.00) payable to Jean Dennis and Scott Elliot Smith, L.P.A. upon receipt of a voucher and a release approved by the City Attorney.
Section 4. 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 the earliest period allowed by law.