Explanation
This Ordinance is submitted to settle the lawsuit known as Adam Rinehart, Administrator of the Estate of Michelle Dailey, Deceased, v. City of Columbus, Franklin County Court of Common Pleas Case No. 06CVC-01-448.
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 Adam Rinehart, Administrator of the Estate of Michelle Dailey, Deceased, v. City of Columbus, Franklin County Court of Common Pleas Case No. 06CVC-01-448; to authorize the expenditure of the sum of Two Hundred Twenty-five Thousand Dollars ($225,000.00) in settlement of this lawsuit; and to declare an emergency. ($225,000.00)
Body
WHEREAS, on September 6, 2005, at approximately 10:30 a.m., firefighter Justin Barr was driving a fire truck south on Third Street in the City of Columbus; and,
WHEREAS, at that date and time Michelle Dailey began to cross Third Street; and,
WHEREAS, Michelle Dailey came into contact with the fire truck and was severely injured, so that she subsequently died on September 17, 2005; and,
WHEREAS, it is disputed as to whether or not Michelle Dailey was in the crosswalk at the time of the incident; and;
WHEREAS, it is in the best interests of the City of Columbus to settle this case for the total amount of Two Hundred Twenty-five Thousand Dollars ($225,000.00); and,
WHEREAS, by reason of the foregoing, an emergency exists in the usual daily operations of the City and it would be to 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. The City Attorney be and hereby is authorized and directed to settle the lawsuit of Adam Rinehart, Administrator of the Estate of Michelle Dailey, Deceased, v. City of Columbus, Franklin County Court of Common Pleas Case No. 06CVC-01-448, by payment of Two Hundred Twenty-five Thousand Dollars ($225,000.00).
Section 2. That the City Auditor be and hereby is authorized and directed to transfer Two Hundred Twenty-five Thousand Dollars ($225,000.00) within the General Fund, Fund No. 010 from the Department of Finance and Management, department/division 45-01, Object Level One - 10, Object Level three - 5501, OCA 904508 to the Department of Public Safety, Division of Fire, Department/Division 30-04, Object Level One - 05, Object Level Three - 5533, OCA 301481.
Section 3. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus, Department of Public Safety, Division of Fire, Division Number 30-041, OCA Code 301481, Object Level One 05, Object Level Three 5533, Fund No. 010.
Section 4. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasury in the sum of Two Hundred Twenty-five Thousand Dollars ($225,000.00) to Adam Rinehart, Administrator of the Estate of Michelle Dailey, Deceased, and his attorney, Scott Bowman, upon receipt of a voucher and a release approved by the City Attorney.
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.