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File #: 0578-2010    Version: 1
Type: Ordinance Status: Passed
File created: 4/1/2010 In control: Judiciary And Court Administration Committee
On agenda: 5/3/2010 Final action: 5/6/2010
Title: To authorize the City Auditor to transfer $99,000.00 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 amounts to Paul W. Dyer, Jr., plaintiff, and Todaro and Wagoner Co., L.P.A., and to the Ohio Attorney General, acting on behalf of the Ohio Bureau of Workers' Compensation, in the lawsuit entitled Paul W. Dyer, Jr. v. City of Columbus, et al. Case No. 07CVC12-16668, pending in the Franklin County Court of Common Pleas, to authorize the expenditure of the sum of Ninety-Nine Thousand Dollars ($99,000.00); and to declare an emergency.
Explanation
This Ordinance is submitted to settle the lawsuit entitled Paul W. Dyer, Jr. v. City of Columbus, et al. Case No. 07CVC12-16668 filed in the Court of Common Pleas of Franklin County, Ohio, for the total amount of Ninety-Nine Thousand Dollars ($99,000.00). Specifically, the City of Columbus will pay Paul W. Dyer, Jr. the amount of Sixty-Nine Thousand Dollars and No Cents ($69,000.00) and will pay the Ohio Attorney General, acting on behalf of the Ohio Bureau of Workers' Compensation, the amount of Thirty Thousand Dollars and No Cents ($30,000.00).

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 $99,000.00 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 amounts to Paul W. Dyer, Jr., plaintiff, and Todaro and Wagoner Co., L.P.A., and to the Ohio Attorney General, acting on behalf of the Ohio Bureau of Workers' Compensation, in the lawsuit entitled Paul W. Dyer, Jr. v. City of Columbus, et al. Case No. 07CVC12-16668, pending in the Franklin County Court of Common Pleas, to authorize the expenditure of the sum of Ninety-Nine Thousand Dollars ($99,000.00); and to declare an emergency.

Body

WHEREAS, on December 6, 2007, Paul W. Dyer, Jr. filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 07CVC12-16668, against the City of Columbus and against Joseph Cash, whom plaintiff Dyer subsequently dismissed from the lawsuit;

WHEREAS, in said lawsuit, plaintiff Dyer alleged that he was injured on the morning of December 20, 2005, when a City of Columbus refuse vehicle was involved in a motor vehicle accident at the intersection of Watkins Road and Alum Creek Drive;

WHEREAS, on October 14, 2008, plaintiff ...

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