Explanation
This ordinance is submitted to settle the lawsuit known as Stephanie McBride v. City of Columbus, et al, Case No. 03CVC03-2488 in the Franklin County Common Pleas Court and Case No. 04APE12-1292 in the 10th District Court of Appeals, in the amount of Fifty Thousand and No/100 Dollars ($50,000.00). On March 6, 2001, Stephanie McBride, driving her own car as a postal carrier, was involved in an accident on Jackson Pike with a truck driven by an employee of the City's Refuse Collection Division, Public Service Department. Following an arbitration hearing, Plaintiff was awarded $122,000 by the arbitration panel. The City of Columbus filed an appeal in the 10th District Court of Appeals. A reasonable compromise by way of settlement of the litigation will be accomplished by this legislation.
Fiscal Impact: The Refuse Collection Division budgeted $71,400.00 for all claims activity in 2005. Some $46,980.00 has now been expended or is encumbered, leaving an available balance of $24,420.00 for use with this ordinance. The difference between this balance and the $50,000.00 needed is $25,580.00 and is available elsewhere within this Division's budget due to vacancy credits. This $25,580.00 is transferred between expenditure categories as appropriate by this ordinance.
Title
To authorize the City Auditor to transfer $25,580.00 between expenditure categories within the Refuse Collection Division's 2005 General Fund appropriation; to authorize and direct the City Attorney to pay the settlement amount to Stephanie McBride and J. Scott Bowman, counsel for Ms. McBride, in the case of Stephanie McBride v. City of Columbus, et al, Case No. 03CVC03-2488 in the Franklin County Common Pleas Court and Case No. 04APE12-1292 in the 10th District Court of Appeals, to authorize the expenditure of the sum of Fifty Thousand and No/100 Dollars from the General Fund for this purpose and to declare an emergency. ($50,000.00)
Body
WHEREAS, on March 4,...
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