City of Columbus - File #: 0800-2011

• File #: 0800-2011
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 5/18/2011
• In control: Public Safety & Judiciary Committee
• On agenda: 6/20/2011
• Final action: 6/23/2011
• Title: To authorize and direct the City Attorney to settle Nowak v. Columbus, Franklin County Court of Common Pleas Case No. 09-CVC-10-15180, to authorize the City Auditor to transfer $500,000.00 within the general fund from the Department of Finance and Management to the Department of Public Safety, Division of Police, to authorize the expenditure of the sum of Five Hundred Eighty-Nine Thousand, Seven Hundred Thirty-Six Dollars ($589,736.00) in settlement of this civil action, payable as specified in Section 4, and to declare an emergency.

Date	Ver.	Action By	Action	Result
6/23/2011	1	CITY CLERK	Attest
6/22/2011	1	MAYOR	Signed
6/20/2011	1	Columbus City Council	Approved	Pass
6/20/2011	1	COUNCIL PRESIDENT	Signed
6/6/2011	1	Atty Drafter	Sent to Clerk's Office for Council
6/2/2011	1	CITY AUDITOR	Reviewed and Approved
6/2/2011	1	Atty Drafter	Sent for Approval
6/2/2011	1	CITY ATTORNEY	Reviewed and Approved
5/27/2011	1	Auditor Reviewer	Reviewed and Approved
5/26/2011	1	Atty Drafter	Sent for Approval
5/25/2011	1	Finance Reviewer	Reviewed and Approved
5/25/2011	1	FINANCE DIRECTOR	Reviewed and Approved
5/24/2011	1	SAFETY DIRECTOR	Reviewed and Approved
5/24/2011	1	Finance Reviewer	Reviewed and Approved
5/24/2011	1	Finance Reviewer	Reviewed and Approved
5/24/2011	1	Finance Reviewer	Reviewed and Approved
5/24/2011	1	Finance Reviewer	Reviewed and Approved
5/19/2011	1	Safety Reviewer	Reviewed and Approved
5/18/2011	1	Atty Drafter	Sent for Approval

Explanation
Background: This ordinance is submitted to settle the civil action captioned Nowak v. Columbus and assigned Case No. 09-CVC-10-15180 in the Court of Common Pleas for Franklin County, Ohio.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the appropriate accounts to pay the amount of this claim.

Title
To authorize and direct the City Attorney to settle Nowak v. Columbus, Franklin County Court of Common Pleas Case No. 09-CVC-10-15180, to authorize the City Auditor to transfer $500,000.00 within the general fund from the Department of Finance and Management to the Department of Public Safety, Division of Police, to authorize the expenditure of the sum of Five Hundred Eighty-Nine Thousand, Seven Hundred Thirty-Six Dollars ($589,736.00) in settlement of this civil action, payable as specified in Section 4, and to declare an emergency.

Body

WHEREAS, on October 9, 2009, James D. Nowak and Mary E. Nowak filed a lawsuit in the Court of Common Pleas for Franklin County, Ohio, against the City of Columbus arising out of an automobile accident occurring on October 27, 2007; and,
WHEREAS, on October 27, 2007, James S. Pence, a former Equipment Operator I with the Columbus Division of Police, while driving a police wrecker within the course and scope of his employment, ran a red light and struck a sedan being driven by James D. Nowak at the intersection of South Front & West Mound in Columbus, Ohio; and,
WHEREAS, James D. Nowak claims to have been charged medical bills in the amount of $136,225.69 as a result of the October 27, 2007, accident; and,
WHEREAS, James D. Nowak claims to have incurred past and future lost wages and employment benefits amounting to $202,469.76 as a result of the October 27, 2007, accident; and,
WHEREAS, James D. Nowak has suffered and will likely continue to suffer substantial noneconomic loss as a result of the October 27, 2007, accident; and,
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