Explanation
Background: This ordinance is submitted to settle the lawsuit known as W. Justin Crabtree, et al. v. City of Columbus, Case No. 06CVC-01-672 in the Franklin County Court of Common Pleas, for the total amount of One Million Two Hundred Fifty Thousand Dollars ($1,250,000.00).
On January 4, 2006, Justin Crabtree suffered severe and permanent injury as a result of a collision between the bicycle he was riding and a vehicle driven by Andre Cook. The collision occurred on Williams Road near Groveport Road in Columbus, Ohio. The plaintiffs alleged that the City was negligent in failing to keep Williams Road in repair and to remove obstructions.
Fiscal Impact
Funds were not specifically budgeted for this settlement, however, sufficient monies are available in the appropriate account to pay the amount for this purpose.
Title
To authorize and direct the City Attorney to pay the settlement to W. Justin Crabtree and his attorney, John M. Alton Co., LPA, and to declare an emergency.
Body
WHEREAS, On January 17, 2006, the plaintiffs filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 06CVC-01-672, against Andre Cook and, on December 6, 2006, added the City of Columbus as a defendant. The plaintiffs alleged that the City's negligence in failing to keep the roadway in repair and to remove obstructions contributed to causing the collision resulting in severe and permanent injury to plaintiff Justin Crabtree; and,
WHEREAS, Following the evaluation of plaintiffs' claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit with prejudice and a release of the City of Columbus from all further liability; and,
WHEREAS, By reason of the foregoing, and in order to meet the timeframe of t...
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