City of Columbus - File #: 0795-2011

• File #: 0795-2011
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 5/17/2011
• 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 the lawsuit of Dale Maxstead, pending in the Franklin County Common Pleas Court, by the payment of Two Hundred Thousand Dollars ($200,000.00), 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
6/13/2011	1	CITY AUDITOR	Reviewed and Approved
6/13/2011	1	Atty Drafter	Sent to Clerk's Office for Council
6/10/2011	1	Atty Drafter	Sent for Approval
6/10/2011	1	Auditor Reviewer	Reviewed and Approved
6/9/2011	1	FINANCE DIRECTOR	Reviewed and Approved
6/8/2011	1	Finance Reviewer	Reviewed and Approved
6/7/2011	1	Finance Reviewer	Reviewed and Approved
6/7/2011	1	Finance Reviewer	Reviewed and Approved
6/7/2011	1	Finance Reviewer	Reviewed and Approved
6/6/2011	1	City Clerk's Office	Sent back for Clarification/Correction
6/6/2011	1	Atty Drafter	Sent for Approval
6/2/2011	1	Atty Drafter	Sent for Approval
6/2/2011	1	CITY ATTORNEY	Reviewed and Approved
6/2/2011	1	Atty Drafter	Sent to Clerk's Office for Council
6/1/2011	1	Utilities Reviewer	Sent for Approval
6/1/2011	1	UTILITIES DIRECTOR	Reviewed and Approved
6/1/2011	1	Utilities Reviewer	Sent for Approval
5/31/2011	1	Utilities Reviewer	Reviewed and Approved
5/25/2011	1	Utilities Drafter	Sent for Approval
5/18/2011	1	Atty Drafter	Sent for Approval

Explanation
BACKGROUND: This Ordinance is submitted to settle the lawsuit of Dale Maxstead v. City of Columbus, et al., Case No. 08CVC-09-12679, Franklin County Common Pleas Court. On March 8, 2004, Mr. Maxstead was injured when his Chevy Beretta, westbound on Sullivant Avenue, collided with a City truck, originally eastbound on Sullivant and turning left across the westbound lanes of travel. The City driver was cited for failure to yield on a left turn, and he pleaded no contest. He was found at fault in an administrative proceeding.

FISCAL IMPACT: Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the appropriate account to pay the amount of these claims.

Title

To authorize and direct the City Attorney to settle the lawsuit of Dale Maxstead, pending in the Franklin County Common Pleas Court, by the payment of Two Hundred Thousand Dollars ($200,000.00), and to declare an emergency.
Body

WHEREAS, Dale Maxstead has filed a lawsuit against the City of Columbus in the Franklin County Common Pleas Court, Case No. 08CVC-09-12679, arising out of a March 8, 2004, motor vehicle collision; and,

WHEREAS, Mr. Maxstead had a spotty work history, had worked as a plumber and never returned to work after the accident. He was examined by many physicians, many of whom said he was permanently disabled by his injuries, and some of whom said he was not disabled. After many years, Mr. Maxstead got on welfare and obtained health insurance. He then had major surgery on his lower back and right shoulder. His surgeons connected his surgeries to his March 2004 accident. Mr. Maxstead has about Two Hundred Thousand Dollars ($200,000.00) in medical bills, of which $20,000.00 is unpaid. $30,000.00 has been paid by insurers, and $150,000.00 has been written off by providers. At trial, the jury would be given the gross amounts of the medical bills and the amounts the providers have accepted and asked to determ...