Title
To authorize and direct the City Attorney to settle Coleman v. Hampton, FCCCP Case No. 09-CVC-05-6974; to authorize and direct the City Auditor to transfer $200,000 between Object Levels in order to pay this claim; to authorize the expenditure of the sum of Two Hundred Thousand Dollars ($200,000.00) in settlement of this civil action, and to declare an emergency.
Explanation
Background: This ordinance is submitted to settle the civil action captioned Coleman v. Hampton and assigned Case No. 09-CVC-05-6974 in the Court of Common Pleas for Franklin County, Ohio.
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 claim
Body
WHEREAS, on May 8, 2009, Brenda and William Coleman filed a lawsuit in the Court of Common Pleas for Franklin County, Ohio, against the City of Columbus arising out of an automobile accident occurring on May 24, 2007;
WHEREAS, on May 24, 2007, Columbus Division of Power and Water employee John Hampton, while driving a motor vehicle within the course and scope of his city employment, ran a red light and struck a motor vehicle being driven by Brenda Coleman at the intersection of East Mound Street and Kelton Avenue in Columbus, Ohio;
WHEREAS, Brenda Coleman sustained serious physical injuries as a result of the accident, including broken bones in both her right knee and her right foot, various bruises and contusions, and an aggravation of preexisting existing orthopedic conditions;
WHEREAS, Brenda Coleman has undergone a total replacement of her right knee as a result of the accident and believes that future medical procedures, such as a second right knee replacement and a fusion of the bones in her right foot, may also be necessary;
WHEREAS, Brenda Coleman claims to have been charged medical bills in excess of $100,000 as a result of the accident and expects to incur additional medical expenses in the future;
WHEREAS, Brenda Coleman has suffered and will likely continue to suffer substantial noneconomic loss as a result of the accident;
WHEREAS, William Coleman, husband to Brenda Coleman, suffered noneconomic loss in terms of lost consortium a result of the accident;
WHEREAS, it is in the best interest of the City of Columbus to settle this civil action in the total amount of Two Hundred Thousand Dollars ($200,000.00);
WHEREAS, the Division of Power and Water has a need to transfer $200,000 to the appropriate fund in order to pay this claims; and
WHEREAS, by reason of the foregoing, an emergency exists in the usual operations of the City, and it would be in the City's best interest to compromise and settle this matter, 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 civil action captioned Coleman v. Hampton and assigned Case No. 09-CVC-05-6974 in the Court of Common Pleas for Franklin County, Ohio, by payment of Two Hundred Thousand Dollars ($200,000.00);
Section 2: That the City Auditor be and hereby is authorized and directed to transfer Two Hundred Thousand Dollars ($200,000) in the following manner:
From: Fund No. 600; Dept/Div 60-09; Object level one -- 01; Object level three -- 1000; OCA 602524
Amount: $200,000
To: Fund No. 600; Dept/Div 60-09; Object level one -- 05; Object level three -- 5571; OCA 601849
Section 3: For purposes of paying the settlement described in Section 1, there be, and hereby is, authorized to be expended by the City of Columbus, Department of Public Utilities, Division of Power and Water, Department/Division 60-09, Object level one - 05, Object level three - 5571, OCA 601849, Fund No. 600;
Section 4: That the City Auditor be, and hereby is, authorized to draw a warrant upon the City Treasury upon receipt of a voucher and release approved by the City Attorney in the amount of Two Hundred Thousand Dollars ($200,000.00) payable to William Coleman, Brenda Coleman, and the law firm of Volkema, Thomas, Miller & Scott, LPA;
Section 5: That for the reasons stated in the preamble hereto, which is made 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.