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RES 2018-0603 - Settlement Agmt - Raymond S Johnson - Nationwide Agribusiness Insurance Co - Megan Lenigan t t 1_ 1. I i. ., U,� `, Law Department `'' r0, JUN t I All Omaha/Douglas Civic Center Z��%ti<<"� :+,b n 2018 JUN t 8: 38 1819 Farnam Street,Suite 804 .�*�.�•^�^.. Omaha,Nebraska 68183-0804 i0o qry (402)444-5115 ��TLD FEBRVr4 CITY CLERK FAX:(402)444-5125 City of Omaha O M A H A, N B R 44,S 1 A Paul D. Kratz Jean Stothert,Mayor City Attorney Honorable President and Members of the City Council, The attached Resolution is submitted by the Law Department. It authorizes settlement of the pending lawsuit, Raymond S. Johnson v. City of Omaha v. Nationwide Agribusiness Insurance, , Douglas County District Court Case No. CI 16-8006. If the Resolution is approved, the amount of $57,500.00 will be paid by the City. Nationwide will also be paying the Plaintiff$57,500.00 as part of the settlement agreement. The Plaintiff has agreed to full and complete settlement of all of his causes of action, court costs, and attorney fees, and will dismiss his lawsuit in exchange for payment of the settlement funds. The City is also dismissing its claim against Nationwide in exchange for Nationwide's payment to the Plaintiff. The lawsuit arises from a motor vehicle accident between a private citizen's vehicle and a criminal suspect driving a stolen vehicle fleeing from Omaha Police. The accident occurred in the intersection of 72nd and Ames. The Plaintiff suffered injuries to his left side. This settlement will be paid from the Contingent Liability Fund. . Additional information about this case has been submitted in a confidential memorandum. The details of this case can also be discussed in an executive session called to discuss this pending litigation. The Law Department recommends in favor of this proposed settlement. Your favorable consideration of this Resolution is respectfully requested. Respectfully submitted, ar,, ...., ,ii-,/ -,_„,,,, - ‘008' Stacey N./Itquist Date Assistant city Attorney Approved as to Funding: Referred to City Council for Consideration, . 6 / g ----tet„. t) -&t.A. Goje)//, -- Date Mayor's Office Date tep en B. Curtiss A�,g Y Finance Director p:\law—city council documents12018\50060s1w.doc City Clerk Office Use Only: Publication Date(if pplic ble): RESOLUTION NO. CQ t>5 Agenda Date: Department: r 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, entitled Raymond S. Johnson v. City of Omaha v. Nationwide Agribusiness Insurance Co. v. Megan Lenigan, Case No. CI 16-8066, in which the Plaintiff alleges the City of Omaha is liable for the Plaintiff's injuries as a result of a collision between a stolen vehicle driven by Megan Lenigan who, after fleeing from Omaha Police, ran a red light at 72nd Street and Ames Avenue and struck the Plaintiff's vehicle which the Plaintiff was driving; 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 interests of the City of Omaha and its residents to avoid the cost and uncertainty of trial and resolve this litigation by settlement through a settlement payment in the amount of $57,500.00 in exchange for which the Plaintiff will dismiss his case against the City with prejudice; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the lawsuit pending in the District Court of Douglas County, Nebraska, entitled Raymond S. Johnson v. City of Omaha v. Nationwide Agribusiness Insurance Co. v. Megan Lenigan, Case No. CI 16-8066, should be and hereby is settled upon payment by the City to the Plaintiff in the amount of $57,500.00, inclusive of all costs and attorney fees; in exchange for which, the Plaintiff will dismiss his case against the City with prejudice; that a settlement in the amount of $57,500.00 is hereby approved; and that the said $57,500.00 shall be paid from the Contingent Liability Fund, Fund 11114, Org. 121101, Account 46113. APPROVED AS TO FORM: 6•AAff ASSISTA CITY ATT EY DATE Adopted: JUN ,1 9 2018 Attest: ----'� City lerk Approved: S Mayor NO. VO5 Item Submitted By: Sheri White Department: Law • Council Meeting Date: June 19, 2018 Res. that the lawsuit pending in the District Court of Douglas County, Nebraska, entitled Raymond S. Johnson v. City of Omaha v. Nationwide Agribusiness Insurance Co. v. Megan Lenigan, Case No. CI 16-8066, should be and hereby is settled upon payment by the City to the Plaintiff in the amount of $57,500.00, inclusive of all costs and attorney fees; in exchange for which, the Plaintiff will dismiss his case against the City with prejudice; that a settlement in the amount of $57,500.00 is hereby approved; and that the said $57,500.00 shall be paid from the Contingent Liability Fund, Fund 11114, Org. 121101, Account 46113. Presented to City Council June 19, 2018 APPROVED 7-0 Sitzaketl113iitler City Clerk