City of Atlanta
Georgia

Resolution
19-R-4319

A RESOLUTION BY PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE
AUTHORIZING THE NEGOTIATION AND SETTLEMENT OF ALL CLAIMS AGAINST THE CITY OF ATLANTA IN THE CASE OF KENYA SHAFFER VS. CITY OF ATLANTA, CIVIL ACTION FILE NO. 17EV002411, FULTON COUNTY STATE COURT, IN THE AMOUNT OF $4,500.00 UPON REACHING MUTUALLY AGREEABLE SETTLEMENT TERMS; 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. SHAFFER Settlement Resolution

Body

 

WHEREAS, Plaintiff Kenya Shaffer filed a lawsuit, Kenya Shaffer vs. City of Atlanta alleging she sustained injuries while as a passenger on a Marta bus when the bus drove over a sinkhole on Hill Street, in the city of Atlanta;

 

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 $4,500.00 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, Kenya Shaffer vs. City of Atlanta, Fulton County State Court, Civil Action File No. 17EV002411 in the amount of Four Thousand Five Hundred Dollars ($4,500.00) upon reaching mutually agreeable settlement terms.

 

SECTION 2    The Chief Financial Officer is authorized to pay the amount of Four Thousand Five Hundred Dollars ($4,500.00) to Kenya Shaffer. 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 The Law Office of Michael P. Carestia, LLC, as attorney for Kenya Shaffer, 3630 Peachtree Road, NE, #775, 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

Aug 13, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
MOVER:Dustin Hillis, Chair
SECONDER:J. P. Matzigkeit, District 8
AYES:Dustin Hillis, J. P. Matzigkeit, Andrea L. Boone, Andre Dickens, Marci Collier Overstreet, Howard Shook, Antonio Brown
Aug 19, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Adopted by a Unanimous Consent of Council with all members present

RESULT:ADOPTED [UNANIMOUS]
AYES:Michael Julian Bond, 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, Joyce M Sheperd