RES 2005-1136 - Settle litigation Tracie Arnold v City of Omaha and Thomas Anderson 0gAAHA,;°`,, RECEIVED Law Department
Omaha/Douglas Civic Center
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City of Omaha Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
and Members of the City Council,
The attached Resolution is submitted by the City Law Department. It authorizes the Law
Department to settle a lawsuit pending in the District Court of Douglas County,Nebraska, filed by
Tracie Arnold against the City of Omaha and Thomas Anderson. If the Resolution is approved,the
City of Omaha will contribute $27,500.00 toward settlement of all claims in the lawsuit. That
amount will be paid from the Judgment Fund.
The case seeks recovery for personal injuries and lost wages ofMs.Arnold,who alleges she was hurt
when the car in which she rode struck an Omaha police cruiser. She claims neck and back injuries
and a knee injury that required surgery followed by restricted activity. She claims continuing pain in
her neck and back and instability in her knee causing restricted mobility. She incurred$10,306.73 in
medical expenses and$4,583.04 in lost wages.
Plaintiff has agreed to dismiss all claims in exchange for payments from the City of Omaha and Mr.
Anderson. Mr.Anderson has agreed to pay an equal amount to the Plaintiff. Additional information
about this case has been submitted in a confidential memorandum and you may review it in an
Executive Session called to discuss and consider pending litigation.
Your favorable consideration of this resolution is respectfully requested.
Respe y submitted, Referred to City Council for Consideration:
Thomas O. mga Date Mayor's Office/Title Date
Deputy City Attorn
Approved as to Funding:
6224._
Carol A. Ebdon Date
Finance Director
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, litigation is presently pending in the District Court,of Douglas
County, Nebraska, entitled Tracie Arnold v. City of Omaha and Thomas Anderson(Doc.' 1032,
No. 231), in which Tracie Arnold alleges the City of Omaha is liable for injuries she suffered
when the vehicle in which she was a passenger struck an Omaha police cruiser; and,
WHEREAS, the allegations and contentions against the City of Omaha and
against Thomas Anderson constitute disputed claims; and,
WHEREAS, this City Council determines it would be in the best interest of the
City of Omaha and the residents thereof to avoid the cost and uncertainty of trial and resolve this
litigation by settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the City of Omaha Law Department is authorized to pay Tracie Arnold
the amount of$27,500.00 in the pending litigation entitled Tracie Arnold v. City of Omaha and
Thomas Anderson (Doc. 1032, No. 231) in exchange for dismissal of all pending claims; said
funds to be paid from the Judgment Fund.
APPR D AS TO FORM:
C T RNEY DATE
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By AD—iqz3,44-
Councilmember
Adopted SE 3 S O
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Approved
Mayor
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