Explanation
This ordinance is submitted to settle the pre-litigation claim filed by the Central Ohio Transit Authority (COTA) against the Department of Public Utilities, as a result of a June 23, 2008 accident. Because the statute of limitations was about to expire, a civil suit,Central Ohio Transit Authority vs. The City of Columbus and Randy Pepper, Case No. 2010 CVH 069389, was filed in the Court of Common Pleas, Franklin County, Ohio on June 23, 2010.
On June 23, 2008, City of Columbus employee Randy Pepper was involved in an accident at the intersection of Summit Street and 11th Avenue, in which a COTA bus was damaged. Our employee was cited in the accident for Failure to Obey a Traffic Control Device and determined to be at fault by the Department. Several claims have previously been settled in relation to this accident. The amount listed represents the cost incurred by COTA for repair of their vehicle, along with clean up fees associated with the diesel fuel spill.
FISCAL IMPACT: Funds have not been specifically budgeted for this settlement but are available in the appropriate account.
Title
To authorize and direct the City Attorney to settle the claim brought by the Central Ohio Transit Authority arising out of a June 23, 2008 motor vehicle accident and to authorize the expenditure of Seventy-Nine Thousand One Hundred Forty-Six and 65/100 Dollars ($79,146.65) in settlement of this claim, and to declare an emergency.
Body
WHEREAS, on June 23, 2010, Plaintiff filed a lawsuit in the Court of Common Pleas, Franklin County, Ohio, Civil Division, Case No. 2010 CVH 069389, against the City of Columbus and Randy Pepper in which they claim negligence and recklessness, and
WHEREAS, following an internal investigation and review of the Plaintiff's claim, the parties reached an agreement to settle this matter for the total amount of Seventy-Nine Thousand One Hundred Forty-Six and 65/100 Dollars (79,146.65). The settlement was deeme...
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