RES 2001-2570 - Settle case Lewis v City of Omaha coAHA.NFB�v RECEIVED
`Aot�4�� � Law Department
U � 01 SEP t} 2 Omaha/Douglas Civic Center
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n® ' �CJ � � Omaha,Nebraska 68183-0804
oo °�. (402)444-5115
��TFD FEBR�r CITY CLERK Telefax(402)444-5125
City of Omaha 01`4 t`,Ft A, lJ c(3 R A S K A Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
and Members of the City Council,
The attached Resolution approves the settlement of a case entitled Robert and Glenn Lewis v.
City of Omaha filed in the District Court of Douglas County, Nebraska at Docket 983 —No. 548.
The amount of settlement is Eighty Thousand and No/100 ($80,000.00) Dollars. This is for
personal injury received by Glenn Lewis and for property damage resulting from a traffic
accident on South 72nd Street near Shirley Street that occurred on April 9,1998.
This matter has been fully investigated by the Law Department which recommends the
settlement as being in the best interest of the City of Omaha. The Plaintiff incurred over
$25,000.00 in medical expenses, had a surgical repair of a right knee injury and has been rated
by two physicians at a 10 percent permanent impairment of the right leg. The same accident
resulted in an earlier settlement payment of$16,000.00 for the injuries received by Mr. Todd,
who was a passenger in the vehicle driven by Robert Lewis. The vehicle they were in struck a
light pole when it skidded on hydraulic fluid which had puddled in the street. The allegations of
the case are that the hydraulic fluid leaked from a City of Omaha truck on to the roadway and
that neither Mr. Lewis nor Mr. Todd were in any way negligent.
The Finance Department is authorized to pay the above-mentioned settlement from the Special
Levy Judgment Fund 101, Agency 190, Organization 1901.
Your approval of this settlement is respectfully requested.
Respectfully submitted,
?--/a
tT J. HAMER Date /
Deputy City Attorney
Approved: Referred to City Cou it for Consideration:
Stanley P. TAZ&j/
, Director Date a is Off e Date
Finance Department
P:\Lawl\12398z.doc
c-anti' CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, a case was filed against the City of Omaha by Robert R. Lewis
OBO, Glenn Lewis in the District Court of Douglas County, Nebraska, at Docket 983—No. 548;
and,
WHEREAS, in said case Glenn Lewis seeks to recover for property damages,
medical expenses, lost income pain and suffering and permanent impairment the for injuries he
received in a traffic accident on April 9, 1998, on South 72nd Street near Shirley Street; and,
WHEREAS, this matter has been fully investigated by the Law Department of the
City of Omaha which recommends settlement of the case by the payment of the sum of Eighty
Thousand and No/100 ($80,000.00) Dollars in exchange for a full and complete settlement of
said case.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, it does hereby approve the settlement of the case involving a traffic
accident on April 9, 1998 on 72nd Street near Shirley Street, entitled, Lewis v. City of Omaha, in
the District Court of Douglas County, Nebraska at Docket 983 No. 548, by the payment of the
sum of Eighty Thousand and No/100 ($80,000.00) Dollars from the City to Glenn Lewis upon
entry of a consent judgment in such amount, with court costs not exceeding $300.00, and with
the exchange of a full and complete release.
BE IT FURTHER RESOLVED:
THAT, said settlement shall include full and complete release of all of Plaintiffs'
claims against the City of Omaha, its officers and agents; the Law Department being authorized
to execute, deliver, and file all necessary settlement documents including a confession of
judgment in said amount of $80,000.00 the same being payable out of Special Levy Judgment
Fund 101, Agency 190, Organization 1901.
P:\Law1\12399z.doc APPROVED AS TO FORM:
-a/
Y CITY ATTORNEY DATE
By
•uncilmember
Adopted : OCT - 6_c
gwa‘ L-cv 4/0,
City Clerk
Approved 10/
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