File #: O-514-22    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 9/26/2022 In control: Law Department
On agenda: 10/11/2022 Final action: 10/11/2022
Title: Authorizing the settlement of the lawsuit of Ernest Jackson, Administrator of the Estate of Dorian Crawley and Medicaid v. City of Toledo in Case No. CI 20-2088 pending in the Lucas County Common Pleas Court before the Honorable Eric Marks for the total sum of $30,000 in settlement of the claims of Plaintiff Estate; and authorizing the expenditure of $30,000 from the Risk Management Fund; and declaring an emergency.
Attachments: 1. Audio: City Council 10/11/2022, 2. Audio: Agenda Review 10/4/2022
Label
Crawley, Dorian- Estate of
Department of Law
T. Mohler (x2408)
Revised

Title
Authorizing the settlement of the lawsuit of Ernest Jackson, Administrator of the Estate of Dorian Crawley and Medicaid v. City of Toledo in Case No. CI 20-2088 pending in the Lucas County Common Pleas Court before the Honorable Eric Marks for the total sum of $30,000 in settlement of the claims of Plaintiff Estate; and authorizing the expenditure of $30,000 from the Risk Management Fund; and declaring an emergency.

Body
SUMMARY & BACKGROUND:
Mr. Crawley filed a lawsuit in Lucas County Common Pleas Court on May 4, 2020 alleging injury as a result of a cab he was a passenger in going into a sinkhole on Kenilworth Ave. here in Toledo, Lucas County, Ohio. When he died on May 9, 2022, his Estate was substituted as Plaintiff.

A proposed agreement has been reached in the amount of $30,000 to settle all claims stemming from the incident described above without constituting an admission of liability for any violation of state law.

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

SECTION 1. That payment of $30,000 in settlement of the claims in Case No. CI 20-2088 captioned Ernest Jackson, Administrator of the Estate of Dorian Crawley and Medicaid against the City of Toledo is approved for expenditure from the Risk Management Fund Account Code 7095-12000-1157001STDSTD.

SECTION 2. That payment of these claims is contingent upon the execution of a proper release.

SECTION 3. That the Director of Finance is authorized to draw their warrant or warrants to Ernest Jackson, Administrator of the Estate of Dorian Crawley and the law offices of Ogelsby & Ogelsby Ltd., in the amount of $30,000 from the above Account Code 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 this emergency li...

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