191132

Emergency Ordinance

*Pay settlement of Jason Leonhard’s bodily injury lawsuit for the sum of $21,500 involving Portland Parks & Recreation

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. Jason Leonhard, through attorney Brian Stimson, has filed a lawsuit for injuries resulting from a slip and fall at Tanner Springs Park on Tuesday, January 21, 2020. 
     
  2. 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, we feel it is prudent to compromise the lawsuit at this time.
     
  3. Risk Management Services recommends the lawsuit be compromised for the total sum of $21,500, 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:

  1. The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $21,500 made payable to DuBois Law Group on behalf of Jason Leonhard.
  2. Risk Management Services will execute a payment authorization in the amount set forth in sub-paragraph (a) above.

Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this bodily injury lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

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 Jason Leonhard, resulting from a slip and fall in northwest Portland.

Financial and Budgetary Impacts

This legislation will have no impact on City revenue.

Total cost to the City to settle the lawsuit is $21,500. 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.

Community Impacts and Community Involvement

This Ordinance settles a lawsuit resulting from a slip and fall involving Portland Parks & Recreation. 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

This legislation will have no impact on City energy use.

Agenda Items

Passed

  • Commissioner Carmen Rubio Yea
  • Commissioner Rene Gonzalez Yea
  • Commissioner Mingus Mapps Yea
  • Commissioner Dan Ryan Yea
  • Mayor Ted Wheeler Absent

Introduced by

Contact

Karren Bond

Sr. Claims Analyst

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date