4825 - 52 Settle claim due to fall over tree root

Home Browse Search

ORDINANCE NO. 4825 BY Mr. Vickery AN ~RGENCY ORDINANCE authorizing settlement of the claim of Angelo De Filippo of Lakewood, Ohio, for personal injury alleged to have been sustained by falling over a tree root and striking his face upon a gas shutoff pipe pro- jecting above the ground in a tree lawn located at 1450 Newman Avenue in the City of Lakewood~ WHEREAS, on or about July 28~ 1950, Angelo De Filippo filed an action in the Court of Oommon Pleas of Cuyahoga County entitled .Angelo De Filippo vs. The East Ohio Gas Company, et al.. and being Case No. 616611, wherein the plaintiff prays JUdgment against the East Ohio Gas company, City of Lakewood and James - 8pagnoli for the sum of Fifteen Thousand Dollars ($15,000.00) on account of per sonal injury alleged to have occurred July 22, 1950, by reason of falling over a tree root and onto a gas shutoff valve projecting above the ground in front of or near the premises known as 1450 Newman Avenue in the City of Lakewood, and WHEREAS, this ordinance constitutes an emergency, in that in order to save the City from further litigation, unnecessary expense and possible additional obligations it authorizes the immediate settlement and adjustment of said claim promptly and provides for the usual daily operation of a municipaldepartment, now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That settlement of the claim of Angelo De Filippo for the sum of One Hundred Dollars ($100.00) is hereby authorized, conditioned upon an entry of .Settled and Dismissed at Defendants' Costs" being made in said action, and conditioned further upon the execution and delivery by Angelo De Filippo of a full release of the City of Lakewood, duly apprcved by the Director of Law. Section 2. That the Director of Finance be and he is hereby authorized and directed to pay the sum of One Hundred Dollars ($100.00) to Angelc De Filippo, together with one-third (1/3) of the costs in said Case No6 616611 upon delivery to him of the foregoing release duly executed and approved, andto charge the same to the General Fund - Damages Paid bythe City. 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-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayore Adopted: March 17, 1952 George F. Quinn President Approved: March 18~ 1952 He A, ~ees Clerk H. A. Roes Acting Mayor