Explanation
BACKGROUND: This Ordinance is submitted to settle the lawsuit of Dale Maxstead v. City of Columbus, et al., Case No. 08CVC-09-12679, Franklin County Common Pleas Court. On March 8, 2004, Mr. Maxstead was injured when his Chevy Beretta, westbound on Sullivant Avenue, collided with a City truck, originally eastbound on Sullivant and turning left across the westbound lanes of travel. The City driver was cited for failure to yield on a left turn, and he pleaded no contest. He was found at fault in an administrative proceeding.
FISCAL IMPACT: Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the appropriate account to pay the amount of these claims.
Title
To authorize and direct the City Attorney to settle the lawsuit of Dale Maxstead, pending in the Franklin County Common Pleas Court, by the payment of Two Hundred Thousand Dollars ($200,000.00), and to declare an emergency.
Body
WHEREAS, Dale Maxstead has filed a lawsuit against the City of Columbus in the Franklin County Common Pleas Court, Case No. 08CVC-09-12679, arising out of a March 8, 2004, motor vehicle collision; and,
WHEREAS, Mr. Maxstead had a spotty work history, had worked as a plumber and never returned to work after the accident. He was examined by many physicians, many of whom said he was permanently disabled by his injuries, and some of whom said he was not disabled. After many years, Mr. Maxstead got on welfare and obtained health insurance. He then had major surgery on his lower back and right shoulder. His surgeons connected his surgeries to his March 2004 accident. Mr. Maxstead has about Two Hundred Thousand Dollars ($200,000.00) in medical bills, of which $20,000.00 is unpaid. $30,000.00 has been paid by insurers, and $150,000.00 has been written off by providers. At trial, the jury would be given the gross amounts of the medical bills and the amounts the providers have accepted and asked to determine the reasonable amount of medical expense. If the jury decided that the City was liable, the verdict would include compensation for reasonable medical expense, physical injuries, lost wages, and pain and suffering; and,
WHEREAS, After investigation of the claims made therein and the injuries allegedly suffered by the Plaintiff, the City Attorney's Office has reached a settlement that is acceptable to both parties and that is recommended by the City Attorney as being in the best interest of the City to resolve this matter; and,
WHEREAS, By reason of the foregoing, an emergency exists in the usual daily operations of the City, and it would be in the City's best interest to compromise and settle this matter, and for the preservation of the public health, safety, and welfare,
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 Dale Maxstead v. City of Columbus, et al., Case No. 08CVC-09-12679, Franklin County Common Pleas Court, by payment of Two Hundred Thousand Dollars ($200,000.00) as a reasonable and fair amount, and in the best interests of the City of Columbus.
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus from the Department of Public Utilities, Division of Sewerage and Drainage, Division No. 6005, Fund No. 650, OCA Code 605006, Object Level 1 - 05, Object Level 3 - 5573, the sum of Two Hundred Thousand Dollars ($200,000.00).
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer upon receipt of a voucher and a release approved by the City Attorney in the amount of Two Hundred Thousand Dollars ($200,000.00), payable to Dale Maxstead, a single person, and his attorney, SCHIFF & ASSOCIATES, CO. L.P.A.
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.