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RES 2001-0307 - Settle case JoAnn Herbert v City of Omaha and John D Anderson r • �t11AHA,�Fa RECEIVED Law Department U�,�►� +�� �' Omaha/Douglas Civic Center n® , . �:� 1819 Farnam Street,Suite 804 , 'iltil � 01 all 23 AR 9: 35 Omaha,Nebraska 68183-0804 0,,. - ry. (402)444-5115 O.4 FeBR hi- �`I T Y n L E R Telefax(402)444-5125 City of Omaha M A 4, N E j; S �i Paul D.Kratz City Attorney Hal Daub,Mayor Honorable President . and Members of the City Council, The Resolution transmitted herewith provides for the settlement of the lawsuit entitled ooAnn Herbert v. City of Omaha filed in the District Court of Douglas County, Nebraska, at Doc. 982— No. 099. The settlement amount is $48,000.00. This case resulted from a motor vehicle accident that occurred on August 20, 1998 in Douglas . County, Nebraska near the entrance to Dam Site 16 at 138th and Fort Streets. A City of Omaha Parks Department truck was alleged to have turned left in front of the Plaintiff Herbert, who was in her passenger car westbound on Fort Street. The accident resulted in a significant collision. propelling the Plaintiff into the windshield of her car and rendering her 1997 Pontiac totaled. The Law Depaitinent of the City of Omaha recommends this settlement as being in the best interest of the City of Omaha. This settlement will be paid from Special Levy Judgment Fund 101, Agency 190, Organization 1901. Respectfully submitted, 7 J. amer Date eputy City Attorney Approved: Re e City ncil for onsi tion: 4,,,,if., ___,,, & / 7z/1 Stanley , Acting Director . Date Mayor's Office/Title : lacDate Financeulent A//„,/, P:\Lawl\9663F.doc .Co �` , c-a5A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha is a Defendant in a case entitled JoAnn Herbert, Plaintiff, v. City of Omaha and John D. Anderson filed in the District Court of Douglas County, Nebraska at Doc. 982 -No. 099; and, WHEREAS, the Petition in such case claims that the Plaintiff JoAnn Herbert received direct physical injuries and certain economic injuries all as the result of a motor vehicle accident between a truck owned and operated by the City of Omaha and a 1997 Pontiac driven by JoAnn Herbert; said accident occurring on August 20, 1998 in Douglas County, Nebraska near the entrance to Dam Site 16 at 138th and Fort Streets; and, WHEREAS, said litigation has been thoroughly investigated by the Law Department of the City of Omaha, extensive discovery having been undertaken, which department recommends settlement of said case in the amount of$48,000.00 in exchange for full and complete release and entry of judgment on all causes of action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, it hereby authorizes and approves the settlement of the case entitled JoAnn Herbert v. City of Omaha and John D. Anderson filed in the District Court of Douglas County, Nebraska at Doc. 982 — No. 099; said settlement being specifically the payment of $48,000.00 from the City of Omaha to the Plaintiff, in satisfaction of judgment to be entered in said amount. BE IT FURTHER RESOLVED: By Councilmember Adopted City Clerk Approved Mayor .04 c-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr PAGE 2 THAT, said settlement shall include full and complete release of all of Plaintiff's 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$48,000.00 the same being payable out of Special Levy Judgment Fund 101,Agency 190, Organization 1901. , APPROVED AS TO FORM: . CITY ATTORNEY DATE P:\Law1\9664F.doc Wa./.1,e...?=si:d l 1 By ,,� ,�; � ,.'6 nr i1member Adopted °141.1)..246 - t ,. .,.f C1e y . A rove.. PP , _ ''' Mayor A,- PV a sl N CD F � Z sy tr " C `CPD uo CD' • o co- N• co cr CD N r s d O� CD N A' .�� A� h `b r7 P, r r �' CD Z O O drQ CmO cr A� CD 5. \n OOa ` n OV zPo t * O • o O a • Q rn Al o7 arcn b CD o tl) p, 0 .11 CD R CD oc3 co CD ca., (7 •• p 5. 7 x • O •-. C) N 0 L, � � o � '� v, `c `C i oho o CD °, CD 0 •C A., �, + CCDD • 0, • cn , / ,