City of Columbus - File #: 0446-2006

• File #: 0446-2006
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 2/22/2006
• In control: Safety Committee
• On agenda: 4/3/2006
• Final action: 4/5/2006
• Title: To authorize and direct the City Attorney to pay the settlement amount in trust to Timothy Van Eman, counsel for Mr. Wiggins, in the case of Demario Wiggins v. City of Columbus, et al., Case No. 02CVC09-10837 in the Franklin County Court of Common Pleas; to authorize the expenditure of the sum of One Hundred Thousand and No/100 Dollars; and to declare an emergency. ($100,000.00).

Date	Ver.	Action By	Action	Result
4/5/2006	1	ACTING CITY CLERK	Attest
4/4/2006	1	MAYOR	Signed
4/3/2006	1	Columbus City Council	Approved	Pass
4/3/2006	1	COUNCIL PRESIDENT	Signed
3/24/2006	1	City Clerk's Office	Sent back for Clarification/Correction
3/24/2006	1	Atty Drafter	Sent to Clerk's Office for Council
3/9/2006	1	Atty Drafter	Sent to Clerk's Office for Council
3/8/2006	1	Finance Reviewer	Reviewed and Approved
3/8/2006	1	FINANCE DIRECTOR	Reviewed and Approved
3/8/2006	1	Atty Drafter	Sent for Approval
3/8/2006	1	Auditor Reviewer	Reviewed and Approved
3/8/2006	1	CITY AUDITOR	Reviewed and Approved
3/8/2006	1	Atty Drafter	Sent for Approval
3/8/2006	1	CITY ATTORNEY	Reviewed and Approved
2/23/2006	1	Atty Drafter	Sent for Approval

Explanation

This Ordinance is submitted to settle the lawsuit known as Demario Wiggins v. City of Columbus, et al., Case No. 02CVC09-10837 in the Franklin County Court of Common Pleas, in the amount of One Hundred Thousand and No/100 Dollars ($100,000.00). On September 1, 2002, the plaintiff suffered injuries as a result of an automobile accident between the plaintiff and police officer Mia Lancaster. Officer Lancaster was enroute to a prowler call when the plaintiff pulled onto High Street and was struck by the officer's cruiser.

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 pay the settlement amount in trust to Timothy Van Eman, counsel for Mr. Wiggins, in the case of Demario Wiggins v. City of Columbus, et al., Case No. 02CVC09-10837 in the Franklin County Court of Common Pleas; to authorize the expenditure of the sum of One Hundred Thousand and No/100 Dollars; and to declare an emergency. ($100,000.00).



Body

WHEREAS, on September 30, 2002, the plaintiff filed a lawsuit in the Court of Common Pleas, Franklin County, Ohio against the City of Columbus and Officer Lancaster;

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 possible payment of interest, an emergency exists in the usual daily operation of the City and for further preservation of the public health, peach, property, safety a...