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File #: O-506-18    Version: 1 Name:
Type: Ordinance Status: Mayor's Office
File created: 11/16/2018 In control: Law Department
On agenda: 12/4/2018 Final action: 12/4/2018
Title: Authorizing the settlement of the claim of Robert S. Mish for personal injuries for the sum of $275,000 in settlement of the claims of Plaintiff; authorizing the expenditure of $275,000 from the Risk Management Fund; and declaring an emergency.
Attachments: 1. Audio: O-506-18 Agenda Review 11/27/2018
Label
Mish
Department of Law
T. Green (x1037)
(Revised)

Title
Authorizing the settlement of the claim of Robert S. Mish for personal injuries for the sum of $275,000 in settlement of the claims of Plaintiff; authorizing the expenditure of $275,000 from the Risk Management Fund; and declaring an emergency.

Body
SUMMARY & BACKGROUND:
Robert S. Mish filed a claim for his injuries as a result of a motor vehicle accident on May 14, 2017, which he alleges were caused by the City's negligence. Mr. Mish's injuries required surgeries to repair fractures to his leg and left shoulder. Mr. Mish returned to work on October 9, 2017.

A proposed agreement has been reached in the amount of $275,000 to settle all of Mr. Mish's claims resulting from the accident 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 an expenditure in the amount of $275,000 is authorized from the Risk Management Fund, Account Code 7095-12000-1157001STDSTD, in settlement of the claims from Robert Mish against the City of Toledo.

SECTION 2. That payment of these claims is contingent upon the execution of the proper releases by the claimant.

SECTION 3. That the Director of Finance is authorized to draw her warrant or warrants to Robert S. Mish and his Attorney Steven P. Collier in the sum of $275,000 against the account code listed in Section1 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 immediate preservation of the public peace, health, safety and property and for the further reason that this ordinance must be immediately effective in order to implement the settlement in accordance with the conditional agreement of the administrator.




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