Explanation
This Ordinance is submitted to settle the lawsuit known as Sumonta Jarupan v. Trizec Hahn, et al., Case No. 03CVC-04-4849 in the Franklin County Court of Common Pleas, in the amount of Twenty Five Thousand and No/100 Dollars ($25,000.00). On May 1, 2001, the Plaintiff, while stepping out of a car on Young Street near the intersection with Broad Street, stepped into a hole created by a missing section of curb. The Plaintiff tripped and fell forward onto the sidewalk in front of the Borden Building, owned by Trizec Hahn. The Plaintiff injuries included a broken ankle and sprained wrist.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount this claim.
Title
To authorize and direct the City Attorney to settle and pay the settlement amount to Sumonta Jarupan in the case of Sumonta Jarupan v. Trizec Hahn, et al., Case No. 03CVC-04-4849 in the Franklin County Court of Common Pleas, to authorize the expenditure of the sum of Twenty Five Thousand and No/100 Dollars ($25,000.00), and to declare an emergency.
Body
WHEREAS, on April 29, 2003, the plaintiff filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 03-CVC04-4849, against the City of Columbus and Trizec Hahn Borden Building Management. The plaintiff's allegations included municipal corporation liability and negligence for the defective curb.
WHEREAS, following the evaluation of plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit with prejudice and a release of the City of Columbus and its employees from further liability; and,
WHEREAS, by reason of the foregoing, and in order to avoid the ...
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