RES 2018-0971 - Settlement Agreement - Richard W Potts Q oMr.He•lFe C'�
as --� Law Department
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City of Omaha r CO Paul D.Kratz
IS
Jean Stothert,Mayor City Attorney
Honorable President
and Members of the City Council, •
The attached Resolution is submitted by the City Law Department to authorize settlement of a
lawsuit pending in the Douglas County District Court entitled Richard W. Potts v. City of
Omaha, Case No. CI 17-6005. If the Resolution is approved, settlement in the amount of Sixty-
Four Thousand 00/00 Dollars ($64,000.00)will be paid from the Judgment Fund to Plaintiff.
This case involves a collision between a City snow plow and a privately owned vehicle. -
Accident investigation revealed the snow plow was at fault for colliding with Plaintiffs car at-
the intersection of 85th and Maple Streets.
This matter has been fully investigated by the Law Department, and the settlement was reached '
through court-ordered mediation. The Law Department recommends settlement in the amount of
Sixty-Four Thousand 00/00 Dollars ($64,000.00) and the mediator and all parties believe
settlement at this level is fair and equitable.
Additional information has been submitted to'you in a confidential memorandum, and you may 1
discuss this matter further with the Law Department in an Executive Session called to discuss
this pending litigation if that is your desire.
Your favorable consideration of this Resolution is respectfully requested. The Law Department
believes passage of this Resolution to be in the best interest of the City of Omaha.
Respectfully submitted, Referred to the City Council for Consideration:
/ t p
Timothy G. imes, Sr. Date Mayor's Office/Title / Date
•
Assistant City Attorney
Approved as to Funding:
4 /66f
Ste• en B. Curtiss Date
Finance Director �v-
City Clerk Office Use Only:
j Publication Date(if pplicable):
g-7r
RESOLUTION NO.
Agenda Date:
Department: _
Submitter:
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, litigation is presently pending in the District Court for Douglas County,Nebraska,
in the case entitled Richard W. Potts v. City of Omaha, Case No. CI 17-6005, in which Plaintiff sued the City
of Omaha after he was injured in a collision with a City of Omaha snow plow; and,
WHEREAS, the allegations and contentions against the City of Omaha constitute disputed
claims; and,
WHEREAS, the City Council determines it is in the best interest of the City of Omaha, upon
the recommendation of the Law Department of the City of Omaha to avoid the costs and uncertainty of trial
and resolve this litigation by settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, the City of Omaha Law Department is hereby authorized to conclude the pending
litigation entitled Richard W. Potts v. City of Omaha, Case No. CI 17-6005, by entry of settlement, including,
in exchange for the dismissal of all claims, the payment of the full amount of Sixty-Four Thousand 00/00
Dollars ($64,000.00) to be paid from the Judgment Fund No. 12111, Organization No. 121101 and Account
No. 46216.
APPROVED AS TO FORM:
NriCz-44_1_
OGT go'g
ASSISTANT CITY ATTORNEY Date
Adopted: OCT 2.3 2018
Attest:
CIALlerk
Approved: .t.
Mayor
NO. q-1 !
Item Submitted By: Amanda Feuerbach
Department: Law
Council Meeting Date: October 23, 2018
Res. that, the City of Omaha Law Department is hereby authorized to conclude the
pending litigation entitled Richard W. Potts v. City of Omaha, Case No. CI 17-6005, by
entry of settlement, including, in exchange for the dismissal of all claims, the payment of
the full amount of $64,000.00 to be paid from the Judgment Fund No. 12111,
Organization No. 121101 and Account No. 46216.
Presented to City Council
October 23, 2018
APPROVED 7-0
6ltzbetll Rutter
City Clerk