RES 1998-1194 - Settle case Twana L Chambers v City of Omaha "HA,
'Ao`,'��,� Law Department
�� _ 'r'f��.; Omaha/Douglas Civic Center
— �f`i jka t 1819 Famam Street,Suite 804
c®.f�f1 lir. Omaha,Nebraska 68183 0804
�, ro• (402)444 5115
O�'rWD FEBRVr*� Telefax(402)444-5125
Paul D.Kratz
City of Omaha City Attorney
Hal Daub,Mayor
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 Twana L. Chambers , individually and on
behalf of her daughters,Kandace L. Chambers and Shannon L. Chambers vs. City of Omaha, Doc.
948 No. 407. This lawsuit and the claims of Kandace L. Chambers arise out of a September 18,
1995 motor vehicle accident near 42nd and Leavenworth Streets,between the Chambers vehicle and
a vehicle allegedly being pursued by an Omaha police cruiser. Under the resolution,this lawsuit and
these claims would be settled upon a payment by the City to Ms. Chambers of$150,000.00.
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 City Council for Consideration:
1.-s- r g/ifte
Alan M. Thelen Date .Mayor's Office/Title Date
Assistant City Attorney
Approved as to Funding:
„Q % s.<—,- c...) 4,( 0i4v
Louis A. D'Ercole A
ate
Finance Director
P:\LAW\605 7.SAP
44
c-asA CITY OF OMAHA
' •
LEGISLATIVE CHAMBER
Omaha,Nebr 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,on September 18, 1995,a motor vehicle collision occurred at 42nd and
Leavenworth Streets in Omaha, Douglas County, Nebraska, between a vehicle driven by Twana
Chambers and a vehicle being driven by Andre Cooks,who was then allegedly being pursued by an
Omaha police cruiser; and,
WHEREAS,a lawsuit has been filed against the City of Omaha in the Douglas County
District Court, in a case entitled Twana L. Chambers . individually and on behalf of her daughters.
Kandace L. Chambers and Shannon L. Chambers vs. City of Omaha,Doc. 948,Page 407, wherein
plaintiff Kandace L. Chambers contends that she suffered and will continue to suffer substantial
personal injuries, medical expenses,and other damages,arising out of the said September 18, 1995
accident; and,
WHEREAS,the allegations of the plaintiff and the contentions of the City constitute
disputed claims; and,
WHEREAS,the factual circumstances of the incident and the resulting nature of the
injuries to the plaintiff Kandace L. Chambers suggest that it would be in the best interest of the City
of Omaha and the residents thereof to resolve these disputed claims 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 conclude the pending litigation in
the case Twana L.Chambers.individually and on behalf of her daughters,Kandace L. Chambers and
Shannon L. Chambers vs.City of Omaha, in lawful manner by payment to or for the benefit of the
plaintiff Kandace L. Chambers in the amount of$150,000.00; and that the Finance Department issue
such warrant as necessary, said funds to be paid from the Contingency Liability Reserve Fund,Fund
No. 104,Agency 195,Organization 1951.
P:\LAW\6058.SAP APPROVED AS TO FORM:
/,,,d7 — J,,a-93`
ASSISTANT CITY ATTORNEY DATE
By... ._
ouncrlmember
Adopted MAY -' 199S '1 Q
City Clerk
Approved gal"../
r * •
cr
b cO N• (4 � � � 5. - .� � � '< . z
12
`O I 0 ri `° ° oxpopo • '• ' `D P
U 0
V G 0 o 5, 5 - np ". • -: tea
..• �'�.,,� �, o as
c. 0 ccu S • r - .
r.b- r' z
coo "r CD p,
•
•
r