Explanation
Background: This ordinance is submitted to settle the lawsuit known as Gene Henkel, Jr. v. Mark DiPiero, et al., Case No. 12CV-07-8566 in the Franklin County Court of Common Pleas, for the total amount of Thirty Thousand Dollars ($30,000.00).
On October 25, 2010, Gene Henkel, Jr. suffered permanent physical injury as a result of a collision between the bicycle he was riding and a vehicle driven by an employee of the Columbus Department of Public Service. The collision occurred at the intersection of West Broad Street and Marconi Boulevard in Columbus, Ohio. The plaintiff alleges that the City’s employee was negligent in failing to exercise ordinary care in the operation of the City-owned truck he was driving when he failed to yield to plaintiff as the City’s employee was making a right turn on red. The plaintiff further alleges that the City was negligent in entrusting the possession and operation of the vehicle to its employee.
Fiscal Impact: Funds were not specifically budgeted for this settlement, however, sufficient monies are available in the appropriate account to pay the amount for this purpose.
Title
To authorize and direct the City Attorney to settle the case of Gene Henkel, Jr. v. Mark DiPiero, et al., pending before the Franklin County Court of Common Pleas, to authorize the expenditure of Thirty Thousand Dollars ($30,000.00), and to declare an emergency. ($30,000.00)
Body
WHEREAS: On July 5, 2012, the plaintiff filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 12CV-07-8566, against Mark DiPiero and the City of Columbus. The plaintiff alleged that the City’s employee was negligent in failing to exercise ordinary care in the operation of the City-owned truck he was driving when he failed to yield to plaintiff, and that the City was negligent in entrusting the possession and operation of the vehicle to its employee, thereby causing the collision resulting in permanent physical injury to plaintiff Gene ...
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