RES 2018-0603 - Settlement Agmt - Raymond S Johnson - Nationwide Agribusiness Insurance Co - Megan Lenigan t
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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,
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Stacey N./Itquist Date
Assistant city Attorney
Approved as to Funding: Referred to City Council for Consideration,
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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