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File #: 0324-2014    Version: 1
Type: Ordinance Status: Passed
File created: 2/4/2014 In control: Public Safety & Judiciary Committee
On agenda: 3/3/2014 Final action: 3/6/2014
Title: To authorize and direct the City Attorney to pay the judgment in the amount of Three Hundred Seventy-nine Thousand Seven Hundred Ninety Dollars and Seventy-eight Cents to Versatile Helicopters, Inc. in accordance with the jury verdict awarded in the lawsuit of Versatile Helicopters, Inc. v. City of Columbus, et al. filed in the United States District Court, Southern District of Ohio, Eastern Division; to authorize the appropriation and expenditure of Three Hundred Seventy-nine Thousand Seven Hundred Ninety Dollars and Seventy-eight Cents from the Special Income Tax Fund; and to declare an emergency. ($379,790.78)
Related files: 0982-2014

Explanation

This ordinance is submitted to pay the judgment in the amount of Three Hundred Seventy-nine Thousand Seven Hundred Ninety Dollars and Seventy-eight Cents ($379,790.78) obtained by Versatile Helicopters, Inc. in the lawsuit of Versatile Helicopters, Inc. v. City of Columbus, et al., Case No. 2:10-cv-1110 in the United States District Court, Southern District of Ohio, Eastern Division.

Versatile Helicopters, Inc. purchased a helicopter from the City of Columbus and asserted in its lawsuit against the City of Columbus that the City of Columbus had breached the contract by not providing Versatile Helicopters, Inc. with a helicopter that was airworthy at the time of the sale. The matter proceeded to trial in front of Judge Frost and the jury ruled against the City of Columbus. The City of Columbus appealed to the Sixth Circuit United States Court of Appeals and the Court of Appeals affirmed the jury’s verdict.

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 pay the judgment in the amount of Three Hundred Seventy-nine Thousand Seven Hundred Ninety Dollars and Seventy-eight Cents to Versatile Helicopters, Inc. in accordance with the jury verdict awarded in the lawsuit of Versatile Helicopters, Inc. v. City of Columbus, et al. filed in the United States District Court, Southern District of Ohio, Eastern Division; to authorize the appropriation and expenditure of Three Hundred Seventy-nine Thousand Seven Hundred Ninety Dollars and Seventy-eight Cents from the Special Income Tax Fund; and to declare an emergency. ($379,790.78)

Body

WHEREAS, the City of Columbus was sued by Versatile Helicopters, Inc. in the United States District Court on a breach of contract matter, claiming that the City of Columbus failed to deliver a helicopter in airworthy condition to Versatile Hel...

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