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RES 2004-1006 - Settlement of James A Nordmeyer Sr and Allied Insurance v John J Kilpatrick and the City of Omaha com.HA,N.4, .�'`, *it 'RE. $ Law Department swr�ki Omaha/Douglas Civic Center -`! ^ � a+ 1819 Farnam Street,Suite 804 o �=� 4 Omaha,Nebraska 68183-0804 w (402)444-5115 AO44 FEW'�r4yry `i 6 , Telefax(402)444-5125 City of Omaha 0/0 Mibto Paul D.Kratz Mike Fahey,Mayor City Attorney Honorable President and Members of the City Council, The Resolution transmitted herewith provides for the settlement of the case entitled James A. Nordmeyer, Sr. and Allied Insurance, a Division of Nationwide Insurance, as subrogee, vs. John J. Kilpatrick, and The City of Omaha, filed in the District Court of Douglas County, Nebraska, at Docket 1033,No. 640. This case was brought against the City due to an accident involving a City snowplow and a pickup truck driven by Mr. Nordmeyer. The accident occurred on January 31, 2002, when the Nordmeyer pickup truck was northbound on 90th Street when a westbound City snowplow failed to yield to Mr. Nordmeyer's vehicle at the intersection of 90th and Western. Mr. Nordmeyer veered to avoid the collision but the forward edge of the plow struck his pickup truck, causing it to spin, bounce over the traffic island, and strike a sign post. Mr. Nordmeyer alleges permanent injuries to his back and temporary injuries to his left shoulder. He alleges having over $18,400.00 in special damages and having an 8% permanent impairment to the whole body. This case has been extensively investigated by the Law Department of the City of Omaha. The City has obtained an independent medical examination of Mr. Nordmeyer, whereby the 8% permanent impairment of the whole body has been confirmed. The Law Department of the City of Omaha recommends the settlement of this case in an amount of$50,000.00, by a stipulation of judgment, as being in the best interest of the City of Omaha. Accordingly, the Law Department recommends passage of the attached Resolution. Respectfully submitted, Referred to City Council for consideration: d e . Hamer D to Mayo s Office 9 �� Date eputy City Attorney Approved as to Funding: -- -,I4,°1 J04 Carol Ebdon Date Finance Director P:\BOB\CASES\NORDM EYER\Cover Letter-Settlement.doc C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, there is a case entitled James A. Nordmeyer, Sr. and Allied Insurance, a Division of Nationwide Insurance, as subro gee, vs. John J. Kilpatrick, and The City of Omaha, arising out of a traffic accident occurring on January 31, 2002 at the intersections of • 90th Street and Western Avenue in Omaha, Nebraska; and, WHEREAS, the case has been subject to pretrial discovery and has otherwise been fully investigated by the Law Department, which recommends the settlement of the same in the sum of$50,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, it does hereby approve the settlement of the case entitled James A. Nordmeyer, Sr. and Allied Insurance, a Division of Nationwide Insurance, as subrogee, vs. John J. Kilpatrick, and The City of Omaha, by the entry of judgment and payment of the sum of $50,000.00 from the City of Omaha to the Plaintiffs, in exchange for a complete release. BE IT FURTHER RESOLVED: THAT, the Law Department is hereby authorized to draft, execute, sign, and deliver all the necessary documents to provide for the settlement of the case by judgment, the sum of money for the same to be payable from the Special Levy Judgment Fund No. 12111, Organization No. 121101,Account No. 46216. APPROVED AS TO FORM: TY CITY ATTORNEY _ DATE P:\Law1\14801maf.doc By pax4 . .. ouncilmember Adopte. 1 0 2 4 9- 0 City Clerk Approved ) Mayor / © 7 1Q d ? o 2 c cD 2 fa) § . \ \ R` n A § \ \ ° _ _ c \ vd \ m k. 00 f\ • O naw , ° ƒ . 7 2 d § / ƒ o o w m R = _ P / / , °q r / = \ § ' ƒ ? ? 7 O � . q % / d2 ; 7 V) 0 3 t Q• » �. . o '\ ,0>-, o \` 7 f \ \. \ 0 l \ § . ƒ o k / e 1. o 2 \ \= o 7 o g 7 - § k R S . / k 2 - - ° -, m R P ƒ 5 k R % _\ ` \ ,. y . . `\\ -y ��_^