Explanation
Background:
This Ordinance is submitted to settle the lawsuit known as Shirley Smith, et al. v. Eric Pugh, et al., pending in the Franklin County, Ohio Court of Common Pleas, in the amount of forty-five thousand dollars and zero cents ($45,000.00). On September 3, 2021, City refuse truck driver Eric Pugh was involved in a traffic accident with Plaintiff Shirley Smith that occurred while he was looking at his RouteSmart device and in the wrong lane of traffic. Mr. Pugh was issued a ticket out of the incident. Plaintiff Shirley Smith alleges that she was injured by the accident.
Fiscal Impact:
Funds were not specifically budgeted for this settlement; however, sufficient monies are available within the Department of Finance’s Citywide Account for this purpose.
Emergency action is requested for this ordinance to be effective immediately in accordance with the terms of the settlement of this lawsuit, which is in the best interest of the City, and to pay the agreed to sum without delay.
Title
To authorize and direct the City Attorney to settle the lawsuit known as Shirley Smith, et al. v. Eric Pugh, et al., Case No. 23 CV 5544 pending in the Franklin County Court of Common Pleas; to authorize the expenditure of the sum of forty-five thousand dollars and zero cents ($45,000.00) from the General Fund in settlement of this lawsuit; and to declare an emergency.
Body
WHEREAS, on August 3, 2023 Plaintiffs filed the lawsuit captioned Shirley Smith, et al. v. Eric Pugh, et al., Case No. 23 CV 5544 in the Franklin County Court of Common Pleas (“the Lawsuit”). Plaintiffs named Eric Pugh and the City of Columbus as defendants in the Lawsuit. In the Complaint, Plaintiffs allege, among other things, that: (a) Defendant Eric Pugh negligently operated his vehicle; (b) as a direct and proximate result of Defendant Pugh’s negligence, Plaintiff Shirley Smith suffered personal injuries; and (c) Plaintiff Melvin Smith sustained a loss of companionship and con...
Click here for full text