Explanation
Background: This ordinance is submitted to settle the lawsuit known as Elizabeth S. Salini, et al. v. City of Columbus, Case No. 14CV-02-1577 in the Franklin County Court of Common Pleas, for the total amount of One Hundred Seventy-Five Thousand Dollars ($175,000.00).
On February 4, 2013, Elizabeth S. Salini suffered permanent physical injury as a result of being struck in the head by a loose brick which was thrown up from a brick crosswalk by a Central Ohio Transit Authority bus traveling north on South High Street. The incident occurred at the intersection of South High Street and East Mound Street in Columbus, Ohio. Plaintiff was standing on the southeast corner of the intersection waiting for the light to change so she could cross High Street. The plaintiffs allege that the City negligently failed to keep the street in repair and to remove obstructions, including loose bricks, from South High Street.
Fiscal Impact: Funds were not specifically budgeted for this settlement, however, sufficient monies are available in the Street Construction Maintenance and Repair Fund (Fund 265) to pay the amount for this purpose.
Title
To authorize and direct the City Attorney to settle the case of Elizabeth S. Salini, et al. v. City of Columbus, pending before the Franklin County Court of Common Pleas; to appropriate $175,000.00 from the unappropriated balance of the Street Construction Maintenance and Repair Fund; to authorize the expenditure of $175,000.00; and to declare an emergency.
Body
WHEREAS, on February 12, 2014, the plaintiffs filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 14CV-02-1577, against the City of Columbus. The plaintiffs alleged that the city negligently failed to keep South High Street in repair and to remove obstructions, thereby causing the incident resulting in permanent physical injury to plaintiff Elizabeth S. Salini; and,
WHEREAS, following the evaluation of plaintiffs’ claims in the course of li...
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