RES 2015-1366 - Law department authorized to allow judgment against city in three related cases AHA, {
.AJ �, 'p.,,, 1 (, t.'_ . L- 1 l �~ 'f Law Department
" <, '0 ' Omaha/Douglas Civic Center
" itir,'t� r l : C + '-, : ` 0 1819 Farnam Street,Suite 804
o.,,i�_ � Omaha,Nebraska 68183 0804
(402)444-5115
oR4p&�FEaa�t�� FAX: (402)444-5125
City of Omaha ;l P,1 F� :' ri 7:: P.A j K i- 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
three related lawsuits pending in the District Court for Douglas County. If the Resolution is
approved, the total amount of$450,000.00 will be paid after a judgment is entered by the court in
each lawsuit.
The cases seek recovery for damages three members of the Jose Rivera family allege they
sustained when their car was struck by a police cruiser that was proceeding through a red light while
responding to a call for help. Each family member suffered physical injuries that require on-going
medical treatment and allegedly diminish their quality of life. They seek recovery of medical
expenses and compensation for pain and physical limitations. Each plaintiff has agreed to accept
$150,000.00 to end each individual litigation. The settlements will use a method that leads to a
judgment being entered in that amount in each of the three cases. The agreed-upon amounts can then
be paid from the Judgment Fund.
Additional information about these cases has been submitted in a confidential memorandum
and you may review it in an Executive Session called to discuss pending litigation.
Your favorable consideration of this Resolution is respectfully requested.
Respectfully submitted, Referred to the City Council for Consideration:
7/L, . Lev--5:(26—tAtAL /0//1/i<-
William Acosta-Trejo Mayors Office/Title
Assistant City Attorney
Approved as to Funding:
Step en Curtiss
Finance Director
p:Alaw—city council documents\2015\50031slw.doc
C-25A 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 three related cases entitled Jose Rivera v. City of Omaha,et al. Case no. CI 11-8134,
Daisy Carabantes, v. City of Omaha, et al., Case no. CI 11-8136,and Keyri Rivera v. City of Omaha,
et al., Case no. CI 11-8137 in which the plaintiffs allege the City of Omaha is liable for injuries they
suffered as a result of their vehicle being struck by a vehicle operated by an Omaha Police
Department employee; and,
WHEREAS, the allegations and contentions against the City of Omaha constitute disputed
claims; and,
WHEREAS,this City Council determines it is in the best interest of the City of Omaha and
its residents to avoid the cost and uncertainty of trial and resolve this litigation by settlement through
offers to confess judgment.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the Law Department is authorized to make an offer to allow judgment to be
taken against the City of Omaha in three related cases pending in the District Court of Douglas
County, Nebraska, entitled Jose Rivera v. City of Omaha,et al. Case no. CI 11-8134, Daisy
Carabantes, v. City of Omaha, et al., Case no. CI 11-8136,and Keyri Rivera v. City of Omaha, et al.,
Case no. CI 11-8137 in the amount of$150,000.00,inclusive of all costs,in each lawsuit,for a total
expenditure of$450,000.00; and, if the offers are accepted by all the plaintiffs, the funds shall be
paid from the Judgment Fund, Fund 12111, Org 121101.
APPROVED AS TO FORM:
,446� ,goCr.S
ASSISTANT CITY ATTORNEY DATE
p:\law—city council documents\2015\50032s1w.doc
By 4,,
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Councilmember
OCT 2 7 2015
Adopted` (�
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,o City Clerk
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Mayor
s
NO. //. .�� .........
Resolution by
Res. that the Law Department is authorized to
make an offer to allow judgment to be taken
against the City of Omaha in three related cases
pending in the District Court of Douglas
County, Nebraska, entitled Jose Rivera v. City
of Omaha,et al. Case no. CI 11-8134, Daisy
Carabantes, v. City of Omaha, et al., Case no.
CI 11-8136,and Keyri Rivera v. City of Omaha,
et al., Case no. CI 11-8137 in the amount of
$150,000.00, inclusive of all costs, in each
lawsuit, for a total expenditure of$450,000.00;
and, if the offers are accepted by all the
plaintiffs, the funds shall be paid from the
Judgment Fund, Fund 12111, Org 121101.
p:Alaw-city council documents\2015\50032s1w.doc
Presented to City Council
OCT 2 7 2015
Adopted 6-6
Railer growl,.
City Clerk