Explanation
Background:
This Ordinance is submitted to settle the lawsuit known as Shirley Smith, et al. v. Eric Pugh, et al., pending in the Franklin County, Ohio Court of Common Pleas, in the amount of forty-five thousand dollars and zero cents ($45,000.00). On September 3, 2021, City refuse truck driver Eric Pugh was involved in a traffic accident with Plaintiff Shirley Smith that occurred while he was looking at his RouteSmart device and in the wrong lane of traffic. Mr. Pugh was issued a ticket out of the incident. Plaintiff Shirley Smith alleges that she was injured by the accident.
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 accordance with the terms of the settlement of this lawsuit, 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 Shirley Smith, et al. v. Eric Pugh, et al., Case No. 23 CV 5544 pending in the Franklin County Court of Common Pleas; to authorize the expenditure of the sum of forty-five thousand dollars and zero cents ($45,000.00) from the General Fund in settlement of this lawsuit; and to declare an emergency.
Body
WHEREAS, on August 3, 2023 Plaintiffs filed the lawsuit captioned Shirley Smith, et al. v. Eric Pugh, et al., Case No. 23 CV 5544 in the Franklin County Court of Common Pleas (“the Lawsuit”). Plaintiffs named Eric Pugh and the City of Columbus as defendants in the Lawsuit. In the Complaint, Plaintiffs allege, among other things, that: (a) Defendant Eric Pugh negligently operated his vehicle; (b) as a direct and proximate result of Defendant Pugh’s negligence, Plaintiff Shirley Smith suffered personal injuries; and (c) Plaintiff Melvin Smith sustained a loss of companionship and consortium of his wife, Plaintiff Shirley Smith; and
WHEREAS, following the evaluation of the claims and the risk of continued litigation of the claims, a settlement in the amount of forty-five thousand dollars and zero cents ($45,000.00) to be paid by the City of Columbus, was deemed acceptable by the City of Columbus, Department of Refuse, along with dismissal of the case with prejudice and a release of the City of Columbus and its employees, including Eric Pugh, from any further liability; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Refuse 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 terms of the 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, including Eric Pugh, pending in the case known as Shirley Smith, et al. v. Eric Pugh, et al., Case No. 23 CV 5544, in the Franklin County Court of Common Pleas, by payment of forty-five thousand dollars and zero cents ($45,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
SECTION 2. That the transfer of $45,000.00, 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 Refuse per the accounting codes in the attachment to this ordinance:
SECTION 3. That the expenditure of $45,000.00, or so much thereof as may be needed, is hereby authorized as follows in the General Fund, object 05 per the accounting codes in the attachment to this ordinance:
SECTION 4. That, upon the receipt of a voucher and a release approved by the City Attorney, the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of forty-one thousand, eight hundred ten dollars and forty-seven cents ($41,810.47) payable to “Shirley Smith, Melvin Smith, and Lazzaro Law Offices,” and is further authorized to draw a separate warrant upon the City Treasurer for the sum of three thousand, one hundred eighty-nine dollars and fifty-three cents ($3,189.53) payable to “Optum.”
SECTION 5. That for the reasons stated in the preamble hereto, which is 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.