Number
041148
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution authorizing settlement of the lawsuit entitled Terry Williams v. City of Milwaukee, et al., Case No. 03CV005389.
Analysis
This resolution authorizes the settlement of the lawsuit of Terry William. v. City of Milwaukee, et al., in the amount of $28,834.58.
Body
Whereas, Terry Williams filed a lawsuit against the City of Milwaukee seeking damages as a result of an accident occurring on November 6, 2002 when he tripped on a City sidewalk, in the area of North 8th Street and West State Street; and
Whereas, Plaintiff sustained a broken metatarsal bone in his foot, incurred medical bills with medical testimony estimating a 5% permanent disability; and plaintiff's injury may require future surgery; and
Whereas, This matter was tried before a Milwaukee County jury on November 22, 2004 before the Honorable Victor Mania; and
Whereas, The jury found the City 90% negligent, with plaintiff 10% negligent; and
Whereas; Ninety percent of awarded damages totals $27,833.18, and plaintiff is legally entitled to recover litigation costs of $1,001.40; and
Whereas, The City Attorney recommends and the Common Council of the City of Milwaukee deems it expeditious and just to pay this verdict; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the proper City officers be and are hereby authorized and directed to issue a City check in the amount of $28,834.50, payable to the client Trust Account of Welcenbach & Widmann, S.C., in full and final settlement of this claim, upon receipt of a release of claims, approved as to form and execution by the City Attorney, said amount to be charged to the Damages and Claim Fund, Account No. 006300 0001 1490 2631 S118-2004.
Requestor
City Attorney
Drafter
PAF:enm
December 7, 2004
87967/1029-2003-2033