Label
Madrid
Department of Law
T. Mohler (x2408)
Revised
Title
Authorizing the settlement of the claims of Nalaya Madrid, a minor, for the sum of $32,500; authorizing the expenditure of $32,500 from the Risk Management Fund; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
In 2017, Amina Nash, Legal Custodian of Nalaya Madrid, a minor, brought this claim against the City of Toledo due to a tombstone falling on Nalaya Madrid on May 14, 2017 in Forest Cemetery, owned by the city. After negotiations started in 2024, a settlement agreement resolving Ms. Madrid's claims against the City of Toledo was reached conditioned on the approval of City Council and the Mayor.
A proposed agreement has been reached in the amount of $32,500 to settle all remaining claims, including a scar revision surgery, and attorney fees resulting from the incident described herein without constituting an admission of liability for any violation of state or federal law.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That payment of $32,500 in settlement of Ms. Madrid's claims against the City of Toledo is approved and the expenditure of same is authorized from the Risk Management Fund Account Code 7095-12000-1157001STDSTD.
SECTION 2. That payment of these claims is contingent upon the execution of the proper release by the claimant's legal custodian, which was done on January 30, 2025.
SECTION 3. That the Director of Finance is authorized to draw their warrant or warrants to Amina Nash, as Legal Custodian of Nalaya Madrid and their attorney, Kimberly C. Kurek, Esq., in the sum of $32,500 against the above-referenced Account Code upon presentation of the proper voucher or vouchers.
SECTION 4. That this Ordinance being an emergency measure shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that this ordinance is necessary for the immedia...
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