City of Columbus - File #: 0238-2009

• File #: 0238-2009
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 2/10/2009
• In control: Judiciary And Court Administration Committee
• On agenda: 3/9/2009
• Final action: 3/12/2009
• Title: To authorize and direct the City Attorney to settle the claims brought by Charles Garrett against the City of Columbus in the Franklin County Court of Common Pleas, Case No. 07CVC09-12006, to authorize the transfer of $50,000.00 within the General Fund; and to authorize the expenditure of the sum of one hundred fifteen thousand dollars ($115,000.00) in settlement of this lawsuit and to declare an emergency.

Date	Ver.	Action By	Action	Result
3/12/2009	1	CITY CLERK	Attest
3/10/2009	1	MAYOR	Signed
3/9/2009	1	Columbus City Council	Approved	Pass
3/9/2009	1	COUNCIL PRESIDENT	Signed
2/25/2009	1	Atty Drafter	Sent to Clerk's Office for Council
2/24/2009	1	Atty Drafter	Sent for Approval
2/24/2009	1	Atty Drafter	Sent for Approval
2/24/2009	1	CITY ATTORNEY	Reviewed and Approved
2/23/2009	1	Auditor Reviewer	Reviewed and Approved
2/20/2009	1	Atty Drafter	Sent for Approval
2/20/2009	1	SERVICE DIRECTOR	Reviewed and Approved
2/20/2009	1	Atty Drafter	Sent for Approval
2/13/2009	1	Finance Reviewer	Reviewed and Approved
2/13/2009	1	FINANCE DIRECTOR	Reviewed and Approved
2/12/2009	1	Finance Reviewer	Reviewed and Approved
2/10/2009	1	Atty Drafter	Sent for Approval

Explanation
BACKGROUND:

This Ordinance is submitted to settle the lawsuit known as Charles Garrett v. City of Columbus, et al., Case No. 07CVC09-12006 in the Franklin County Court of Common Pleas, in the amount of one hundred fifteen thousand dollars ($115,000.00). Mr. Garrett sued the City and a former City employee, alleging defendants' negligence caused him personal injury. On September 13, 2005, Garrett, the driver of a vehicle stopped at a red light, was struck from behind by a refuse truck driven by an employee of the City's Department of Public Service . The City employee was cited for failure to maintain an assured clear distance ahead. Garrett suffered back and neck injury. He has continued to receive medical treatment and has not worked since the day of the accident.

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 Charles Garrett against the City of Columbus in the Franklin County Court of Common Pleas, Case No. 07CVC09-12006, to authorize the transfer of $50,000.00 within the General Fund; and to authorize the expenditure of the sum of one hundred fifteen thousand dollars ($115,000.00) in settlement of this lawsuit and to declare an emergency.

Body

WHEREAS, on September 6, 2007, Mr. Garrett filed a lawsuit in the Franklin County Court of Common Pleas, Case No.07CVC09-12006, against the City and former City employee Eric Crockett, in which he claimed personal injury caused by defendants' negligence in connection with a vehicular accident.

WHEREAS, following discovery and settlement conferences, the amount of one hundred fifteen thousand dollars ($115,000.00) in settlement of Mr. Garrett's claims was deemed acceptable by the City of Columbus, along with dismissal of the case with prejudice and a release of the City of Columbus and its employees, past an...