City of Atlanta
Georgia

Resolution
16-R-4668

A RESOLUTION BY PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE
AUTHORIZING THE SETTLEMENT OF ALL CLAIMS AGAINST THE CITY OF ATLANTA IN THE CASE OF JONI FIELDS-RESNEY V. CITY OF ATLANTA, CIVIL ACTION FILE NO. 2016CV272548, PENDING IN FULTON COUNTY SUPERIOR COURT, IN THE AMOUNT OF $13,500 (THE “SETTLEMENT AMOUNT”); AUTHORIZING THE SETTLEMENT AMOUNT TO BE CHARGED TO AND PAID FROM FUND 1001 (GENERAL FUND), CENTER NUMBER 200101 (NON-DEPARTMENTAL), ACCOUNT 5212005 (LITIGATION EXPENSES) and FUNCTIONAL ACTIVITY NUMBER 1512000 (ACCOUNTING); AUTHORIZING THE CHIEF FINANCIAL OFFICER TO DISTRIBUTE THE SETTLEMENT AMOUNT; AND FOR OTHER PURPOSES.

Information

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

Body

WHEREAS, JONI FIELDS-RESNEY V. CITY OF ATLANTA, is a lawsuit in which Plaintiff sought to recover damages from the City of Atlanta resulting from alleged negligent actions by the City of Atlanta; and

 

WHEREAS, Plaintiff alleges that the City of Atlanta failed to remove the trees in the roadway to ensure safety of the roadway this alleged negligence caused Plaintiff’s personal injuries; 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 extensive review of the facts and the law and has determined that the City’s potential financial exposure in defending Plaintiff’s claims 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 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 JONI FIELDS-RESNEY V. CITY OF ATLANTA in the amount of Thirteen Thousand Five Hundred Dollars and 00/100 ($13,500).

 

SECTION 2. The Chief Financial Officer is authorized to make payment from FUND 1001 (GENERAL FUND), CENTER NUMBER 200101 (NON-DEPARTMENTAL), ACCOUNT 5212005 (LITIGATION EXPENSES) and FUNCTIONAL ACTIVITY NUMBER 1512000 (ACCOUNTING). Payment shall be in the form of a check in the amount of $13,500 payable to “Joni Fields-Resney and Stephen F. Mackie, her attorney”, 6 Concourse Parkway, Suite 2920, Atlanta, GA 30328. Such payment shall be in full consideration of the dismissal of all claims against the City of Atlanta and its current and former officers and employees.

 

 

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