RES 2001-0307 - Settle case JoAnn Herbert v City of Omaha and John D Anderson r
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Law Department
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+�� �' 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:
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Stanley , Acting Director . Date Mayor's Office/Title : lacDate
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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
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