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File #: 2606-2022    Version: 1
Type: Ordinance Status: Passed
File created: 9/19/2022 In control: Criminal Justice & Judiciary Committee
On agenda: 10/10/2022 Final action: 10/13/2022
Title: To authorize and direct the City Attorney to settle the lawsuit known as Rachel A. Daviner v. City of Columbus, et al. pending in the Franklin County Court of Common Pleas; to authorize the transfer and expenditure of the sum of Twenty-Five Thousand Dollars and zero cents from the Health’s Special Revenue Fund ($25,000.00) in settlement of this lawsuit; and to declare an emergency. ($25,000.00)
Attachments: 1. Daviner 2606-2022 Fiscal Attachment
Explanation

Background:

This Ordinance is submitted to settle the lawsuit known as Rachel A. Daviner v. City of Columbus, et al., Case No. 21 CV 5591 in the Franklin County Court of Common Pleas, in the amount of Twenty-Five Thousand Dollars and zero cents ($25,000.00). Plaintiff’s claim arises out of a motor vehicle crash between Ms. Daviner and a City of Columbus employee, Kenneth Caldwell.

On September 3, 2021, Ms. Daviner filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 21 CV 5591, against the City of Columbus and Kenneth Caldwell, in which she claimed she was injured in a motor vehicle crash with Columbus City Employee Kenneth Caldwell on September 13, 2019. Specifically, Ms. Daviner alleges she suffered from injuries including whiplash and subcutaneous mass/post traumatic hematoma as a result.

Fiscal Impact:

Funds were not specifically budgeted for this settlement; however, sufficient monies are available within the Health’s Special Revenue Fund 2250 for this purpose.

Emergency action is requested for this ordinance to be effective immediately in order for the parties to effectuate the settlement of this lawsuit, which is in the best interest of the City, and to pay the agreed sum without delay.

Title

To authorize and direct the City Attorney to settle the lawsuit known as Rachel A. Daviner v. City of Columbus, et al. pending in the Franklin County Court of Common Pleas; to authorize the transfer and expenditure of the sum of Twenty-Five Thousand Dollars and zero cents from the Health’s Special Revenue Fund ($25,000.00) in settlement of this lawsuit; and to declare an emergency. ($25,000.00)

Body

WHEREAS, on September 3, 2021, a lawsuit was filed by Rachel Daviner in the Franklin County Court of Common Pleas, Case No. 21 CV 5591, against the City of Columbus and Kenneth Caldwell in which Ms. Daviner claimed she was injured after being involved in a motor vehicle crash with Columbus City employee, Kenneth Caldwell; and
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