RES 2001-2103 - Settle case Lucy Monteleone vs City of Omaha ONIAHA,,,,E,B r C ,r
;� iv R E C L ° V E -, Law Department
�•Zr.--If o Omaha/Douglas Civic Center
n®�'�r �► � �� ��� `5 A�I�• 4 1819 Farnam Street,Suite 804
o. . . Omaha,Nebraska 68183-0804
�0o yry. (402)444-5115
.44D FEBRVr� CITY `` Telefax(402)444-5125
City of Omaha 0 M A [�lZ S 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 Lucy Monteleone vs. City of Omaha, Doc.
995, No. 870. This lawsuit and the claims of Lucy Monteleone arise out of an August 19, 1998
motor vehicle accident near 72"a and Hascall Streets, between the Monteleone vehicle and a fire
truck being driven by Omaha firefighter Darrell Stanford. Under the Resolution, all claims in
this litigation would be settled upon a payment by the City to Ms. Monteleone of$40,000.00.
Settlement of this case in this fashion is recommended by the Law Department.
Your favorable consideration and passage of this Resolution is respectfully requested.
Respectfully submitted, Referred to the City Council
for Consideration:
,>., ,e..,74-7;e . .
Alan M. Thelen ,a; �74 C 8-/S O/
Assistant CityAttorneyMayor s Office/ itle Date
Y
Approved as to Funding:
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Ali g�9/6f
`Stanley P. T m Date
Finance Director
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9
c-251-‘ CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on August 19, 1998, a motor vehicle collision occurred near 72nd and
Hascall Streets in Omaha, Douglas County, Nebraska, between a vehicle occupied by Joseph
Monteleone and Lucy Monteleone, and a City of Omaha fire truck being driven by Omaha
firefighter Darrell Stanford; and,
WHEREAS, a lawsuit has been filed against the City of Omaha in the Douglas
County District Court, in a case entitled Lucy Monteleone vs. City of Omaha, Doc. 995 No. 870,
wherein Plaintiff Lucy Monteleone contends that she has suffered substantial personal injuries,
medical expenses, and other damages, arising out of the said August 19, 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 Lucy Monteleone 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 Lucy Monteleone vs. City of Omaha, Doc. 995 No. 870, in
lawful manner by payment by the City to the Plaintiff Lucy Monteleone in the amount of
$40,000.00; and that the Finance Department issue such warrant as necessary, said funds to be
paid from the Judgment Levy Fund 101, Agency 190, Organization 1901, from the year 2001
funding.
APPROVED AS TO FORM:
nFcCITY ATTORNEY DATE
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By
Counci1i ember
Adopted AUG 2 1 2001 `7 -O
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