HomeMy WebLinkAbout2009 04_CM Settlement Rep_Tabitha Sparks_2009.05.05OWASSO CITY COUNCIL
RESOLUTION NO. 2009-04
A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE
SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT
CONFERENCE TO BE HELD ON MAY 18, 2009, IN THE LITIGATION
STYLED TABITHA SPARKS V THE CITY OF OWASSO, AND
ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT
AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR PURPOSES
OF THE SETTLEMENT CONFERENCE.
WHEREAS: The above-named City of Owasso is a party to litigation currently filed in the
District Court of Tulsa County captioned as Tabitha Sparks v the City of Owasso, CJ-2007-
00664; and,
WHEREAS: The defendant has been ordered to attend, through an authorized settlement
representative, asettlement conference before the Court to occur on the 18`" day of May 2009, in
the Tulsa County Courthouse in Tulsa, Oklahoma; and,
WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the
City Manager for purposes of the settlement conference.
THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT: Rodney J. Ray, in his capacity as City Manager, is hereby
designated as the settlement representative of the City of Owasso for purposes of the above-
described settlement conference;
AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray, in his capacity as City
Manager, is hereby vested with full and final settlement authority on behalf of the City of
Owasso for purposes of the settlement conference to be held on May 18, 2009.
APPROVED AND ADOPTED this St" day of May, 2009, by the City Council of the City of
Owasso, Oklahoma.
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Sherry Bisl(6p, City
Approved As To Form:
Mayor
J e T. Lombardi, City Attorney
APPROVED BY COUNCIL
MEMORANDUM MAY 0 5 2009
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: SETTLEMENT CONFERENCE IN TABITHA SPARKS V CITY OF
OWASSO, CJ-2007-00664
DATE: May 5, 2009
BACKGROUND:
A legal action was filed against the City of Owasso on January 30, 2007, by Tabitha Sparks.
This legal action arises from an automobile accident which occurred on September 1, 2006.
between Ms. Sparks and Officer Michael Barnes. Officer Barnes was responding to an
emergency call in his police vehicle while utilizing both emergency lights and sirens. A collision
occurred when Officer Barnes attempted to pass Ms. Sparks on E. 116'" Street North. Officer
Barnes noted that Ms. Sparks slowed her vehicle and presumed that she was appropriately
yielding to his emergency lights and siren. However, as Officer Barnes attempted to pass Ms.
Sparks on the left side of her vehicle, she executed a left turn onto N. 123rd East Avenue and
collided with the police vehicle. Ms. Sparks alleges that Officer Barnes was negligent in the
operation of his vehicle and that the City is consequently liable for the alleged injuries sustained
by Ms. Sparks when the collision occurred.
CONCLUSION:
The Code of Civil Procedure requires attendance at settlement conferences by a person with full
settlement authority for any organization named as a defendant in the lawsuit. Although a
representative cannot be compelled to settle the case, defendants in lawsuits are required to
confer full settlement authority upon a representative to be used at the representative's discretion
during the settlement conference. In this case, given that the Court has issued an order
scheduling a settlement conference on May 18, 2009, and has compelled attendance and
participation by the parties, it is necessary for the City of Owasso to vest a representative with
full settlement authority to attend the settlement conference on the City's behalf.
RECOMMENDATION:
The staff recommends City Council approval of Resolution No. 2009-04, designating the City
Manager, Rodney J. Ray, as the authorized settlement representative for the City of Owasso in
the case of Tabitha Sparks v City of Owasso, and confers full and final settlement authority upon
him for the potential disposition of this case.
ATTACHMENT:
Resolution No. 2009-04