City of Columbus - File #: 0371-2009

• File #: 0371-2009
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 3/4/2009
• In control: Judiciary And Court Administration Committee
• On agenda: 3/30/2009
• Final action: 4/1/2009
• Title: To authorize and direct the City Attorney to settle the case known as John Buck, et al. v. City of Columbus, et al., in the Franklin County Court of Common Pleas, and to pay the settlement amount of One Million Thirteen Thousand Four Hundred Ninety and No/100 Dollars ($1,013,490.00) to the plaintiffs and associated agents as specified in Section 3 of this legislation, to authorize the appropriation and expenditure of the sum of One Million Thirteen Thousand Four Hundred Ninety and No/100 Dollars ($1,013,490.00) within the Sanitary Sewer Reserve Fund, and to declare an emergency.

Date	Ver.	Action By	Action	Result
4/1/2009	1	CITY CLERK	Attest
3/31/2009	1	MAYOR	Signed
3/30/2009	1	Columbus City Council	Approved	Pass
3/30/2009	1	COUNCIL PRESIDENT	Signed
3/17/2009	1	Atty Drafter	Sent to Clerk's Office for Council
3/16/2009	1	CITY ATTORNEY	Reviewed and Approved
3/12/2009	1	Atty Drafter	Sent for Approval
3/9/2009	1	FINANCE DIRECTOR	Reviewed and Approved
3/9/2009	1	Atty Drafter	Sent for Approval
3/9/2009	1	Auditor Reviewer	Reviewed and Approved
3/9/2009	1	CITY AUDITOR	Reviewed and Approved
3/6/2009	1	Utilities Reviewer	Reviewed and Approved
3/6/2009	1	Atty Drafter	Sent for Approval
3/6/2009	1	Finance Reviewer	Reviewed and Approved
3/6/2009	1	Finance Reviewer	Reviewed and Approved
3/5/2009	1	Utilities Reviewer	Sent for Approval
3/5/2009	1	UTILITIES DIRECTOR	Reviewed and Approved
3/4/2009	1	Atty Drafter	Sent for Approval

Explanation

This Ordinance is submitted to settle the lawsuit known as John Buck, et al. v. City of Columbus, et al., Case No. 08CVC10-15243 in the Franklin County Court of Common Pleas, in the amount of One Million Thirteen Thousand Four Hundred Ninety and No/100 Dollars ($1,013,490.00). On October 25, 2006, the plaintiff suffered serious and permanent injury as a result of a collision between his vehicle and a vehicle driven by Robert Myers, an employee of the City of Columbus, Department of Public Utilities, Division of Sewerage and Drainage.

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 the case known as John Buck, et al. v. City of Columbus, et al., in the Franklin County Court of Common Pleas, and to pay the settlement amount of One Million Thirteen Thousand Four Hundred Ninety and No/100 Dollars ($1,013,490.00) to the plaintiffs and associated agents as specified in Section 3 of this legislation, to authorize the appropriation and expenditure of the sum of One Million Thirteen Thousand Four Hundred Ninety and No/100 Dollars ($1,013,490.00) within the Sanitary Sewer Reserve Fund, and to declare an emergency.



Body

WHEREAS, on October 23, 2008 , the plaintiffs filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 08CVC10-15243, against the City of Columbus and Robert Myers. The plaintiffs alleged that Robert Myers negligently caused a vehicle collision resulting in serious and permanent injury to plaintiff John Buck; and

WHEREAS, following the evaluation of plaintiffs' 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 C...