LEGISLATIVE RESEARCH CENTER
File #: 16-421    Name:
Type: General Business Status: Passed
File created: 4/12/2016 In control: Broken Arrow City Council
On agenda: 4/19/2016 Final action: 4/19/2016
Title: Consideration, discussion, possible approval of and authorization to execute Resolution No. 915, a Resolution authorizing the City Attorney to enter into a proposed Joint Application for Approval of Settlement and a Journal Entry of Judgment in regard to Eric Tyler Manke v. The City of Broken Arrow, Oklahoma, Tulsa County District Court Case No. CJ-2016-01144, and directing the City Attorney to prepare and file the necessary documents to effectuate settlement, including a Journal Entry of Judgment for the court's approval, pursuant to 51 O.S. ? 158
Attachments: 1. 04-19-16 Resolution.pdf

Broken Arrow City Council

                                                                                               Meeting of: 4-19-2016

                                                                                    

To:                     Mayor and City Council

From:                     Office of the City Attorney

Title: 

title

                     Consideration, discussion, possible approval of and authorization to execute Resolution No. 915, a Resolution authorizing the City Attorney to enter into a proposed Joint Application for Approval of Settlement and a Journal Entry of Judgment in regard to Eric Tyler Manke v. The City of Broken Arrow, Oklahoma, Tulsa County District Court Case No. CJ-2016-01144, and directing the City Attorney to prepare and file the necessary documents to effectuate settlement, including a Journal Entry of Judgment for the court’s approval, pursuant to  51 O.S. § 158

End

Background:

On December 29, 2014, James Frasier, attorney for Eric Tyler Manke submitted an Amended Tort Claim alleging that Mr. Manke sustained $250,000.00 in damages, which included all medical and property damages, when he was rear-ended by City of Broken Arrow Engineering Construction Employee Ronald L. Wing.  City of Broken Arrow employee, Ronald L. Wing, was acting in the course and scope of his employment when he struck Mr. Manke’s vehicle from behind on June 24, 2014.  Mr. Wing was undeniably liable for this accident, and as such, the City of Broken Arrow has no liability defense. 

 

The attached resolution authorized the Journal Entry of Judgment in this matter as well as direction to prepare and file documentation necessary to effectuate the terms of the settlement. 


Cost:                                                                $57,712.78

Prepared By:                                           Beth Anne Wilkening, City Attorney

Reviewed By:                                          Finance Department
                                    Engineering and Construction Department
                                    Assistant City Manager - Operations
                                   

 

Approved By:                      Michael L. Spurgeon, City Manager
                                                                   

Attachments:                                          Resolution No. 915

Recommendation:

Approve Resolution No. 915 and authorize its execution.