RES 2016-0351 - Settle case William Bush vs City of Omaha •
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�0o ¢ate (402)444-5115
ar�D FEBR�r FAX: (402)444-5125
City of Omaha A
{ r LA,r Y ' Paul D. Kratz
Jean Stothert,Mayor ' City Attorney
Honorable President
and Members of the City Council, .
The attached Resolution is submitted by the City of Omaha Law Department. It authorizes the Law
Department to settle two lawsuits pending in the District Court of Douglas County, Nebraska,
entitled Edward Reed v. City of Omaha, Case No. CI 16-893, and William Bush v. City of
Omaha, Case No. CI 16-899. If the Resolution is approved, the amounts of $87,500.00 and
$37,500.00 will be paid from the Judgment Fund. Plaintiffs have agreed to full and complete
settlements of all of their causes of action, claims for costs and attorney fees.
The cases seek recovery for personal injuries for Edward Reed and William Bush who allege
they were injured when their motor vehicle was struck by a City of Omaha police cruiser. Mr.
Reed incurred $15,276.25 in medical expenses, and Mr. Bush incurred $39,515.87 in medical
expenses. There are no claims for lost wages or future medical expenses. Additional information
about these cases has been submitted in a confidential memorandum which you may review in an
Executive Session called to discuss and consider pending litigation.
Your favorable consideration of this resolution is respectfully requested.
Respectfully submitted, Referred to the City Council for Consideration:
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Mich lle Peters ate Mayor's Office/Title Date
Deputy City Attorney
Approved as to Funding:
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Step i B. Curtiss Date
Finance Director
P\LAW-CITY COUNCIL DOCUMENTS\2016\3004Idim
c 2sA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, cases are currently pending in the District Court of Douglas County,
Nebraska,entitled Edward Reed v. City of Omaha,Case No.CI 16-893,and William Bush v. City of
Omaha, Case No. CI 16-899, in which the Plaintiffs allege that a City of Omaha police officer
negligently operated a police cruiser which resulted in personal injuries to the Plaintiffs; and,
WHEREAS, the Plaintiffs and the Defendants have engaged in settlement
negotiations; and,
WHEREAS, the City of Omaha Law Department recommends that it is in the best
interest of the City and the residents thereof to resolve this litigation by paying the sum of Eighty-
Seven Thousand Five Hundred Dollars($87,500.00)to Plaintiff Bush in full and complete settlement
of all of his causes of action, claims for costs and attorney fees that arise out of this lawsuit, and
further paying Thirty-Seven Thousand Five Hundred Dollars($37,500.00)to Plaintiff Reed in full
and complete settlement of all of his causes of action,claims for costs and attorney fees that arise out
of this lawsuit; and,
WHEREAS,the Plaintiffs have agreed to accept that as an honest,full and complete
settlement of any and claims.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,it does hereby approve the settlement of the case entitled William Bush v. City
of Omaha, Case No. CI 16-899, filed in the District Court of Douglas County, Nebraska, in the
amount of$87,500.00 in full and complete satisfaction and settlement of his case, and further does
hereby approve the settlement of the case entitled Edward Reed v. City of Omaha, Case No. CI 16-
893,filed in the District Court of Douglas County,Nebraska,in the amount of$37,500.00 in full and
complete satisfaction and settlement of his case.
By
Councilmember
•
Adopted
City Clerk
Approved
Mayor
0
Fri
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CD
G25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
PAGE 2
BE IT FURTHER RESOLVED:
THAT, the Law Department of the City of Omaha is hereby 4uthorized and
empowered to execute and deliver and approve and receive all appropriate settlement documents to
cause the conclusion of said cases,including the Settlement Agreements and any necessary releases,
and that the funds to satisfy the same shall be paid out of the Judgment Fund No. 12111, Org. No.
121101, and Acct. No. 46113.
APPROVED AS TO FORM:
•
EPUT CITY ATTORNEY AT
P\LAW-CITY COUNCIL DOCUMENTS\2016\30042dIm
By 4it, I elk?'
Councilmember .
Adopted ie:35
AR...1...5..201•
_1
_ City Clerk 3//9
/1(2/4
Approve
Mayor
5
NO
Resolution by
Res.that it does hereby approve the settlement of the •
case entitled William Bush v. City of Omaha, Case I
No.CI 16-899,filed in the District Court of Douglas
County, Nebraska, in the amount of$87,500.00 in
full and complete satisfaction and settlement of his
case,and further does hereby approve the settlement
of the case entitled Edward Reed v. City of Omaha,
Case No. CI 16-893, filed in the District Court of
Douglas County, Nebraska, in the amount of
$37,500.00 in full and complete satisfaction and
settlement of his case;and that the Law Department
of the City of Omaha is hereby authorized and
empowered to execute and deliver and approve and
receive all appropriate settlement documents to
cause the conclusion of said cases, including the
Settlement Agreements and any necessary releases,
and that the funds to satisfy the same shall be paid
out of the Judgment Fund No, 12111, Org. No.
121101, and Acct. No. 461 13.
P\LAW-CITY COUNCIL.DOC IMENTS\2016\30042d1m
Presented to t'it) Council
MAR 1 5..2016..... .....
Adopted
titer° gown
City Clerk