RES 2002-2321 - Settle lawsuit Victor Miller v City of Omaha and Aaron VonBehren aM,„A.NF t ' R E C E �V E. D
�� �'s Law Department
'r �+�r.« n �C 2 is Omaha/Douglas Civic Center
r1 L 7 . P t
1� �J_ a N �2 1819 Farnam Street,Suite 804
1® ' r 4V �
p•,c-2-! ,z _+r':.�• Omaha,Nebraska 68183-0804
1!40�r r4yry f Y C L r (402)444-5115.
E'D FEBRo Telefax(402)444-5125
City of Omaha ' �j c `t; Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
and Members of the City Council, '
Attached for your consideration is a Resolution authorizing the settlement of a lawsuit presently
pending in the Douglas County District Court, entitled Victor Mliller v. City of Omaha and Aaron •
VonBehren, Doc. 997 No. 596. ' This lawsuit and the clairns`of Victor Miller arise out of a
September 6, 1998 motor vehicle accident near 36th and "..Q",Streets, between the Miller vehicle
and a police cruiser being driven by Omaha police officer'Aaron VonBehren. Under the
Resolution, all claims in this litigation would be settled upon a payment by the City to Mr. Miller
of$38,000.00.
Settlement of this case in this fashion is recommended by the Law Department. V
Your favorable consideration and passage of this Resolution is respectfully requested.
Respectfully submitted, Referred to City Coun for Consideration:
-EGG
Alan M. Thelen Mayor's Office/ itle
Assistant City Attorney .
Approved as to Funding:
sWb1n.
Sta kt P. Timm/0 DateFinaDirector
P:\Law l\3043 sap.doc
c-2sa CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on September 6, 1998, a motor vehicle collision occurred at 36th and
"Q" Streets in Omaha, Douglas County, Nebraska, between a vehicle driven by Victor Miller,
and a City of Omaha police cruiser being driven by Omaha police officer Aaron VonBehren;
and,
WHEREAS, a lawsuit has been filed against the City of Omaha and Officer
VonBehren in the Douglas County District Court, in a case entitled Victor Miller v. City of
Omaha and Aaron VonBehren, Doc. 997 No. 596, wherein Plaintiff Victor Miller contends that
he suffered substantial personal injuries, medical expenses, property damages, and other
damages, arising out of the said September 6, 1998 accident; and,
WHEREAS, the allegations of the Plaintiff constitute a disputed claim; and,
WHEREAS, the factual circumstances of the incident and the resulting nature of
the injuries to the Plaintiff Victor Miller suggest that it would be in the best interest of the City of
Omaha and the residents thereof to resolve this disputed claim by compromise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Law Department of the City of Omaha settle and resolve all claims in
the pending litigation in the case Victor Miller v. City of Omaha and Aaron VonBehren, Doc.
997 No. 596, in lawful manner by payment.by the City to the Plaintiff Victor Miller in the
amount of $38,000.00; and that the Finance Department issue such warrant as necessary, said
funds to be paid from the Judgment Levy Fund 12111, Organization 121101, from the year 2002
funding.
P:\Law1\3042sap.doc AP- OVED AS TO FORM:
‘._______ ,
9-21(- �
ASSISTANT CITY ATTORNEY DATE
By
nonmember
Adopted % J _ r 18 2 2 , 'y O
City Clerk
Approved lD 0'7--- .
. — A or
4
b c •
. da � c�� 07� _�
lai
w O N..) C n O `O'' A, 0
oN0-• Q' 0 O ,.Y cn v' - F-
N _ '' O i.- �. CAD- O
cn ' .-' O bR Q VQ N =
b ett- 7 O. ¢; 0 CAD\ 0 ,.....'-i ii Oo CD -5 Q O• , O
cb
OD
fU O 5 NNO
a O 0C N
o O Cr
c'77' NcOCD• n o CD .
•
•
Ct. '
T. I 1...:
•
4 .
f
9
;r. K