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File #: 1606-2007    Version: 1
Type: Ordinance Status: Passed
File created: 10/1/2007 In control: Judiciary And Court Administration Committee
On agenda: 10/15/2007 Final action: 10/16/2007
Title: To authorize and direct the City Attorney to settle the lawsuit of Adam Rinehart, Administrator of the Estate of Michelle Dailey, Deceased, v. City of Columbus, Franklin County Court of Common Pleas Case No. 06CVC-01-448; to authorize the expenditure of the sum of Two Hundred Twenty-five Thousand Dollars ($225,000.00) in settlement of this lawsuit; and to declare an emergency. ($225,000.00)
Explanation

This Ordinance is submitted to settle the lawsuit known as Adam Rinehart, Administrator of the Estate of Michelle Dailey, Deceased, v. City of Columbus, Franklin County Court of Common Pleas Case No. 06CVC-01-448.

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 Adam Rinehart, Administrator of the Estate of Michelle Dailey, Deceased, v. City of Columbus, Franklin County Court of Common Pleas Case No. 06CVC-01-448; to authorize the expenditure of the sum of Two Hundred Twenty-five Thousand Dollars ($225,000.00) in settlement of this lawsuit; and to declare an emergency. ($225,000.00)


Body
WHEREAS, on September 6, 2005, at approximately 10:30 a.m., firefighter Justin Barr was driving a fire truck south on Third Street in the City of Columbus; and,

WHEREAS, at that date and time Michelle Dailey began to cross Third Street; and,

WHEREAS, Michelle Dailey came into contact with the fire truck and was severely injured, so that she subsequently died on September 17, 2005; and,

WHEREAS, it is disputed as to whether or not Michelle Dailey was in the crosswalk at the time of the incident; and;

WHEREAS, it is in the best interests of the City of Columbus to settle this case for the total amount of Two Hundred Twenty-five Thousand Dollars ($225,000.00); and,

WHEREAS, by reason of the foregoing, an emergency exists in the usual daily operations of the City and it would be to the City's best interest to compromise and settle this matter and for further preservation of the public health, peace, property, safety and welfare; now therefore,


BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

Section 1. The City Attorney be and hereby is authorized and directed to settle the lawsuit of Adam Rinehart, Administrator of t...

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