4824 - 52 Settle claim due to falling in manhole

Home Browse Search

(~t~NAN~ENO. 4824 BY Mr. Gottermeyer AN ~RG~N~Y ORDLWANCE authorizing the settlement of the claim of ~ M. Cowher for pers~al injury sustained when stepping upon a loose manhole cover and falling into the opening. WHEREAS, on or about August 16, 1949, Anna M. ~owher filed an action in the Court of Common Pleas of ~uyahoga County entitled ,'Anna M. ~owher vs. ~ity of ~akewoed" and being ~Ease No. 605,669, wherein the plaintiff prays Judgment against the ~lty in.the sma of Five Thousand Dollars ($5,000.00) en account of personal injuries alleged to have occurred November 5, 1947, by reasc~ of stepping en a loose manhole cover and falling into the opening, at or near premises known as 12399 Detroit Avenue in the City of lakewoed; aud WHEREAS~ this ordinance constitutes an emergency, in that in order to save the ~ity from further litigation, unnecessary expense, and possible additional obligations, it authorizes the immediate settlement and adjustment ~f said claimpromptlyandpro- rides for the usual daily o~eration ora mmnicipal department, now, therefore, BE IT (I~DaTI~ED BY THE EOL~CIL OF THE EITY ~F IAEEWOOD, STATE C~ OHIO: Section 1. That settlement of the claim of Anna M. ~owher for the sum of Hundred and Fifty Dollars ($150.00) is hereby authorized, conditioned upon an entry of "Settled and Dismissed et DefendAnt's Costs" being made in said actien, and condi- tioned further upon the execution and deliveryby Anna M. ~owher and her husband of a full release in favor of the City of Lake~od, duly approved by the Director of Law. Sectien 2. That the Director of Finance be and he is hereby authorized and di- rected to ~ay the sm of One Hundred and Fifty Dollars ($150.00) to Anna M. Cowher toget~her with the costs in said ~ase No. 605,669, upon deliver~ to him of the forego- ing release duly executed and approved, and to charge the same to the General Fund - D~ges Paid by the $ity. Section 3. This ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and, provided it receives the affirmative vote of two-tHir~s of all members elected to ~ouncil, it shall take effect and be in force ~m~diately upen its adoptic~ and approval by the Mayor; and all ordinances or parts of ordinances inconsistent herewith, are hereby repealed. Adopted: ~A~ 3- 1952 Approved:, 4- 1952 Vice President ~lerk