City of Atlanta
Georgia

Resolution
16-R-4669

A RESOLUTION BY PUBLIC SAFETY & LEGAL ADMINISTRATION COMMITTEE
AUTHORIZING THE SETTLEMENT OF ALL CLAIMS AGAINST THE CITY OF ATLANTA IN THE CASE OF DOTTYE STEWART V. THE CITY OF ATLANTA, ET AL., CIVIL ACTION FILE NO. 15EV001872, PENDING IN THE STATE COURT OF FULTON COUNTY, IN THE AMOUNT OF $100,000.00 (THE “SETTLEMENT AMOUNT”); AUTHORIZING THE SETTLEMENT AMOUNT TO BE CHARGED FROM 1001 (GENERAL FUND), CENTER NUMBER 200101 (NON-DEPARTMENTAL) ACCOUNT 5212005 (LITIGATION EXPENSES); AND 1512000 (FUNCTIONAL ACTIVITY NUMBER); AUTHORIZING THE CHIEF FINANCIAL OFFICER TO DISTRIBUTE THE FUND SETTLEMENT AMOUNT; AND FOR OTHER PURPOSES.

Information

Department:LawSponsors:
Category:Public Safety\Legal AdministrationFunctions:Law - Kimberly Patrick

Body

WHEREAS, DOTTYE STEWART v. THE CITY OF ATLANTA, ET AL.,;, is a lawsuit in which Plaintiff sought to recover damages from the City of Atlanta and other parties resulting from a fall where she sustained serious injuries;

 

WHEREAS, Plaintiff alleged that her injuries were as a result of the City of Atlanta’s negligence; and

 

WHEREAS, Plaintiff sought monetary damages for medical expenses, pain and suffering, attorney’s fees and costs of litigation; and

 

WHEREAS, Plaintiff has agreed to accept the Settlement Amount in full settlement of all claims against the City of Atlanta; and

 

              WHEREAS, the City Attorney has done an extensive review of the facts and the law and has determined that the City’s potential financial exposure in defending Plaintiff’s claim is in excess of the Settlement Amount; and

 

              WHEREAS, the City Attorney considers it to be in the best interest of the City to pay the Settlement Amount to settle all claims against the City of Atlanta.

 

              THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA hereby resolves as follows:

 

SECTION 1.               The City Attorney is hereby authorized to settle and execute all documents in the case of Dottye Stewart v. The City of Atlanta et al., CAFN 15EV001872 in the amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00).

 

              SECTION 2. The Chief Financial Officer is authorized to make payment from 1001 (GENERAL FUND) CENTER NUMBER 200101 (NON-DEPARTMENTAL) ACCOUNT 5212005 (LITIGATION EXPENSES); AND 1512000 (FUNCTIONAL ACTIVITY NUMBER).  Payment shall be in the form of a check in the amount of $100,000.00 payable to Dottye Stewart and her attorney, Madeleine Simmons, Esq., Morgan & Morgan, PLLC, 191 Peachtree Street, 42nd Floor, Atlanta, Georgia, 30303,  Such payment shall be in full consideration of the dismissal of all claims against the City of Atlanta.

 

Meeting History

Nov 15, 2016 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
MOVER:Carla Smith, Councilmember, District 1
SECONDER:Michael Julian Bond, Councilmember, Post 1 At-Large
AYES:Clarence "C. T." Martin, Keisha Lance Bottoms, Carla Smith, Michael Julian Bond, Ivory Lee Young Jr., Mary Norwood
ABSENT:Cleta Winslow
Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:ADOPTED [13 TO 0]
MOVER:Alex Wan, Councilmember, District 6
SECONDER:Clarence "C. T." Martin, Councilmember, District 10
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Kwanza Hall, Ivory Lee Young Jr., Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Cleta Winslow
AWAY:Carla Smith