HomeMy WebLinkAboutResolution 3471-04-2007A Resolution
NO 3471-04-2007
AUTHORIZING THE CITY ATTORNEY
TO FILE A LAWSUIT AGAINST CHARLES DAVIS
WHEREAS Charles Davis collided with a City Police Officer who was
operating with lights and siren on October 29 2006 at 5 30 p m
WHEREAS Charles Davis failed to yield the right of way to the Officer's
vehicle
WHEREAS Charles Davis s negligent conduct was the proximate cause of
the City s property damage the Officer's indemnity and medical costs
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
The City Attorney is authorized and directed to take all necessary legal action against
Charles Davis to recoup property damage lost wages and medical costs in the amount of
$18 445 16
Adopted~this~~~1~0h day of April 2007
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'Marty Hendrix - ity~Secretary
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APPRO D AS TO FORM AND LEGALITY
Gerald Pruitt Deputy City Attorney
APPROVED
CITY COU~~C6L
APR 1 0 2007
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City Secretary of the
City of Fort Worth, Texas
~~'T'Y Wig" ~"`~1~'Jr' l~~l~
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/10/2007 Resolution No 3471-04-2007
DATE Tuesday April 10 2007
LOG NAME 12CHARLIEDAVIS REFERENCE NO **G-15664
SUBJECT
Authorization for the City to File a Lawsuit Against Charles Davis Based on an Automobile Collision
RECOMMENDATION
It is recommended that the City Council
1 Authorize the City Attorney to file a lawsuit against Charles Davis for negligence
2. Adopt the attached Resolution authorizing such lawsuit; and
3 Approve the expenditure for court costs and out-of-pocket expenses not to exceed $1 000
DISCUSSION
On October 19 2006 at approximately 5 30 p m Police Officer Daniel McCreery in a fully marked police
vehicle operating with lights and siren en-route to a call regarding a person attempting suicide was
westbound in the 2900 block of East Lancaster Avenue in the right-hand lane Charles Davis was southeast
bound in the 2600 block of Sanborn Street. Mr Davis turned right onto East Lancaster in front of Officer
McCreery's vehicle thus failing to yield the right-of-way Officer McCreery's vehicle then collided with Mr
Davis' vehicle The collision was caused by Mr Davis negligence
Approval to file this lawsuit would allow the City to seek recovery of property damage in the amount of
$7 415 68 medical costs of $10 443 63 and indemnity (wages paid) of $585 85
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current operating budget, as appropriated of
the Risk Management Fund
TO Fund/AccountlCenters FROM Fund/AccountlCenters
FE71 534060 0137120 0.00
Submitted for City Manager's Office b~ Joe Paniagua (6191)
Originating Department Head. David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
Luis E. Fierros (7609)
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