File #: O-100-20    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 2/26/2020 In control: Law Department
On agenda: 3/10/2020 Final action: 3/10/2020
Title: Authorizing the settlement of the claim of Bernadine Tammarine-Martin for personal injuries for the sum of $15,000.00 in settlement of the claims of Plaintiff; and authorizing the expenditure of $15,000.00 from the Risk Management Fund; and declaring an emergency.
Attachments: 1. Audio: City Council March 10, 2020, 2. Audio: Agenda Review March 3, 2020

Label

Tammarine-Martin

Department of Law

T. Puffenberger x1856

 

Title

Authorizing the settlement of the claim of Bernadine Tammarine-Martin for personal injuries for the sum of $15,000.00 in settlement of the claims of Plaintiff; and authorizing the expenditure of $15,000.00 from the Risk Management Fund; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

Bernadine Tammarine-Martin filed a claim for her injuries as a result of stepping into a small hole near a damaged and unrepaired sewer inlet on May 10, 2016. Ms. Tammarine-Martin’s injuries required several months of rehabilitation, and will likely require an ankle fusion surgery.

 

A proposed agreement has been reached in the amount of $15,000.00 to settle all of Ms. Tammarine-Martin’s alleged negligence claims resulting from the incident.

 

Summary

NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

 

                     SECTION 1.  That payment of $15,000.00 in settlement of the claims against the City of Toledo is hereby approved.

 

                     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 hereby authorized to draw his warrant or warrants to Bernadine Tammarine-Martin and her Attorney Jonathon Ashton in the sum of $15,000.00 against Account No. 12000/7095/1157001STDSTD upon presentation of the proper vouchers therefore.

 

                     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.

 

 

 

 

 

 

 

 

 

                     Vote on emergency clause:  yeas _____, nays _____.

 

                     Passed:  _________________, as an emergency measure:  yeas _____, nays _____.

 

 

Attest:  ________________________                                              __________________________________

                            Clerk of Council                                                                           President of Council

 

                     

Approved:  _____________________                                          __________________________________

                                                                                                                                                                                                   Mayor

 

 

                     I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.

 

 

Attest:  ________________________

                    Clerk of Council