...Explanation
BACKGROUND
This Ordinance is submitted to settle the lawsuit known as Dean Stevens v. Debra Maxson, et al. Case No. 11CVC-07-9008 in the Franklin County Court of Common Pleas in the amount of fifty thousand dollars ($50,000.00). Mr. Stevens sued Officer Maxson and the City, alleging the officer’s operation of a City motor vehicle on August 8, 2008 caused his personal injury. Mr. Stevens was injured in the collision; he received medical treatment, and he was absent from work for two and a half months resulting in lost income. He claimed lasting pain. The City was dismissed from this suit based on statutory immunity. Plaintiff’s self-funded insurer joined in the suit seeking reimbursement of medical costs.
FISCAL IMPACT
Funds in the amount of $50,000.00 have not been specifically budgeted for this settlement, but are available in the Public Safety, Division of Police's General Fund budget.
EMERGENCY DESIGNATION
Emergency action is requested to pay the settlement in a timely manner.
...Title
To authorize and direct the City Attorney to settle the lawsuit of Dean Stevens v. Debra Maxson, et al., pending in the Franklin County Court of Common Pleas; to authorize the expenditure of $50,000.00 from the General Fund; and to declare an emergency. ($50,000.00)
...Body
WHEREAS, on July 21, 2011, Mr. Stevens filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 11CVC-07-9008, against Officer Debra Maxson and the City, in which he claimed personal injury caused by a traffic accident involving Officer Maxson’s operation of her police cruiser; and
WHEREAS, following mediation, the amount of fifty thousand dollars ($50,000.00) in settlement of Mr. Stevens’ claims was deemed acceptable by the City of Columbus, along with dismissal of the case with prejudice by all parties and a release of the City of Columbus and its employees, past and present, from any further liability; and
WHEREAS, an emergency exists in the usual daily ope...
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