passed ordinance

*Pay settlement of Dina Kashuba bodily injury underinsured motorist claim for $20,000 involving the Portland Police Bureau resulting from a motor vehicle collision

public safety
budget finance
claim settlement

Department: Risk Management
Introduced by: Former Mayor Ted Wheeler
Status: Passed

Impact statement

Purpose & background

This Ordinance settles an underinsured motorist claim brought by Dina Kashuba, resulting from a motor vehicle collision and on-the-job injury in northeast Portland.

Financial impacts

This legislation will have no impact on City revenue. Total cost to the City to settle the claim is $20,000. The source of funding is the City’s Insurance and Claims Fund. All cost of the settlement is in the current fiscal year. This Ordinance does not amend the budget.

Community impacts

This Ordinance settles a tort claim resulting from a collision with an underinsured driver involving the Portland Police Bureau. No public involvement or input was sought regarding this Ordinance. The City Attorney’s Office and Risk Management have concluded that it is not appropriate to have public involvement in settlement negotiations regarding tort claims or lawsuits against the City. No future public involvement is anticipated or necessary. Approval by City Council of this Ordinance will fully settle a tort claim against the City of Portland.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: Dina Kashuba, through attorney Chad Stavley, has filed a bodily injury underinsured motorist claim against the City related to a motor vehicle collision resulting in an on-the-job injury involving the Portland Police Bureau on November 19, 2021. The claim has been investigated by Risk Management Services. The investigation indicates there is risk the City may be found liable. Therefore, in order to avoid the risk of an adverse arbitration award, it is prudent to compromise the claim at this time. Risk Management Services and the Portland Police Bureau recommend the claim be compromised for the total sum of $20,000, subject to the claimant providing the City with a release in a form to be approved by the City Attorney. NOW, THEREFORE, the Council directs: The Mayor and Auditor are hereby authorized to draw and deliver a check in the amount of $20,000 made payable to The Law Office of Chad Stavley, P.C. in trust for Dina Kashuba. Risk Management Services will execute a payment authorization in the amount set forth in sub-paragraph (A) above. Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this claim; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

5 yea 0 nay