City of Atlanta
Georgia

Resolution
19-R-4554

A RESOLUTION BY PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE
AUTHORIZING THE SETTLEMENT OF ALL CLAIMS AGAINST THE CITY OF ATLANTA IN THE CASE OF TONI TURNER VS. CITY OF ATLANTA, ET AL., CIVIL ACTION FILE NO. 18EV002704, FULTON COUNTY STATE COURT, IN THE AMOUNT OF $85,000.00; AUTHORIZING SAID AMOUNT TO BE PAID 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 TOTAL SETTLEMENT AMOUNT; AND FOR OTHER PURPOSES.

Information

Department:LawSponsors:
Category:Public Safety\Legal AdministrationFunctions:Law - Bernard Pepukayi

Attachments

  1. Printout
  2. TURNER Settlement Resolution

Body

WHEREAS, Plaintiff Toni Turner filed a lawsuit, Toni Turner vs. City of Atlanta, Georgia, ABC, Inc., and 123, Inc., alleging that on June 30, 2016 she sustained injuries when she tripped and fell over an uncovered utility box on the sidewalk near the intersection of Martin Luther King, Jr. Drive and Forsyth Street in the city of Atlanta.  Maintenance of sidewalks within the City of Atlanta’s public right-of-way is the responsibility of the City of Atlanta Department of Public Works in accordance with the Atlanta Code of Ordinances;

 

WHEREAS, the City Attorney has done an extensive review of the facts and the law, and has determined that the City of Atlanta’s potential financial exposure in defending Plaintiff’s claims is in excess of the settlement amount;

 

WHEREAS, Plaintiff has agreed to accept $85,000.00 in full settlement of all claims against the City of Atlanta; and

 

WHEREAS, the City Attorney considers it to be in the best interest of the City 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 negotiate, settle and execute all settlement documents in the case of Toni Turner vs. City of Atlanta, Georgia, ABC, Inc., and 123, Inc., Fulton County State Court, Civil Action File No. 18EV002704, in the amount of Eighty-Five Thousand Dollar ($85,000.00).

 

SECTION 2    The Chief Financial Officer is authorized to pay the amount of Eighty-Five Thousand Dollars ($85,000.00) to Toni Turner. Said payment is to be charged, paid and issued from Fund 1001 (General Fund) Center Number 200101 (Non-Departmental) Account 5212005 (Litigation Expenses) and 1512000 (Functional Activity Number); and made payable to E. Croone & Associates, LLC, as attorneys for Toni Turner, 3355 Lenox Road, Suite 750, Atlanta, Georgia 30326. 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

Sep 10, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [5 TO 0]
MOVER:Dustin Hillis, Chair
SECONDER:Howard Shook, District 7
AYES:Dustin Hillis, J. P. Matzigkeit, Andrea L. Boone, Marci Collier Overstreet, Howard Shook
AWAY:Andre Dickens, Antonio Brown
Sep 16, 2019 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:Carla Smith, Councilmember, District 1
SECONDER:Amir R Farokhi, Councilmember, District 2
AYES:Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet
AWAY:Michael Julian Bond, Joyce M Sheperd