Explanation
This Ordinance is submitted to settle the lawsuit entitled Eric Spittle v. Joe Cash, et al., Case No. 06CVC04-5028, pending in the Franklin County Court of Common Pleas, for the amount of Ninety-Nine Thousand Five Hundred and No/100 Dollars ($99,500.00).
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount of this settlement.
Title
To authorize the City Auditor to transfer $99,500 within the general fund from the Department of Finance and Management to the Department of Public Service, Division of Refuse; to authorize and direct the City Attorney to pay the settlement amount to Eric Spittle, plaintiff, and Kevin Kurgis Co., L.P.A. in the lawsuit entitled Eric Spittle v. Joe Cash, et al., Case No. 06CVC04-5028 pending in the Franklin County Court of Common Pleas, to authorize the expenditure of the sum of Ninety-Nine Thousand Five Hundred and No/100 Dollars ($99,500.00); and to declare an emergency.
Body
WHEREAS, on April 14, 2006, Eric Spittle filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 06CVC04-5028, against the City of Columbus and against Joe Cash, whom plaintiff Spittle subsequently dismissed from the lawsuit;
WHEREAS, in said lawsuit, plaintiff Spittle alleged that he was injured on the morning of December 20, 2005 when a City of Columbus refuse vehicle was involved in an accident at the intersection of Alum Creek Drive and Wilson Road;
WHEREAS, following the evaluation of plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter;
WHEREAS, 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 present and past emp...
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