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Label:
Emergency ordinance
*Pay settlement of Michael Duffer bodily injury lawsuit in the sum of $287,500 resulting from a collision with a City dump truck involving the Portland Water Bureau
Passed
The City of Portland ordains.
Section 1. The Council finds:
- Michael Duffer, through attorney Chris Thomas, has filed a lawsuit against the City for injuries resulting from a collision with a City dump truck on July 1, 2024.
- The lawsuit has been investigated by Risk Management Services. The investigation indicates there is risk the City may be found liable. Therefore, in order to avoid the risk of an adverse jury award, it is prudent to compromise the lawsuit at this time.
- City Attorney, Risk Management Services, and Portland Water Bureau recommend the lawsuit be compromised for the total sum of $287,500, subject to the claimant providing the City with a release in a form to be approved by the City Attorney.
NOW, THEREFORE, the Council directs:
- The City Administrator is authorized to settle the lawsuit in the amount of $287,500.
Section 2. The Council declares that an emergency exists to avoid undue and costly delays in settling this bodily injury lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.
Exhibits and attachments
An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved
in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)
Passed by Council
Auditor of the City of Portland
Simone Rede
Impact Statement
Purpose of proposed legislation and background information
This Ordinance settles a bodily injury lawsuit brought by Michael Duffer for injuries resulting from a collision with a City dump truck.
Financial and budgetary impacts
This legislation will have no impact on City revenue. Total cost to the City to settle the lawsuit is $287,500. The source of funding is the City's Insurance and Claims Fund. All cost of the settlement is in the current fiscal year. This Ordinance does not amend the budget.
Economic and real estate development impacts
Not applicable.
Community impacts and community involvement
This Ordinance settles a lawsuit resulting from a collision with a City dump truck involving Portland Water Bureau. No public involvement or input was sought regarding this Ordinance. The City Attorney's Office and Risk Management have concluded that it is not appropriate to have public involvement in settlement negotiations regarding tort claims or lawsuits against the City.
No future public involvement is anticipated or necessary. Approval by City Council of this Ordinance will fully settle a tort claim against the City of Portland.
100% renewable goal
Not applicable.
Economic and real estate development analysis
Analysis provided by Prosper Portland
An Economic and Real Estate Development Impact Analysis was not submitted for this proposed action. Pursuant to City Council Resolution 37664, Prosper Portland staff has reviewed the action and agree that it does not require an Economic and Real Estate Development Impact Analysis.
Financial and budget analysis
Analysis provided by City Budget Office
Claim regarding a bodily injury lawsuit resulting from a collision with a City dump truck involving the Portland Water Bureau. Total cost to the City to settle the claim is $287,500. The source of funding is the City's Insurance and Claims Fund. All costs of the settlement are in the current fiscal year.
Document history
Document number: 2026-267
President's referral: City Council