passed ordinance

*Pay uninsured/underinsured motorist lawsuit of Fred Wiechmann for $25,000 involving the Portland Police Bureau

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  • public safety
  • claim settlement
Department
Risk Management
Introduced by
Former Mayor Ted Wheeler
Status
Passed

Impact statement

Purpose & background

This Ordinance settles an uninsured/underinsured motorist state lawsuit brought by Fred Wiechmann, resulting from being run over by an uninsured motorist in southeast Portland.

Financial impacts

This legislation will have no impact on City revenue. Total cost to the City to settle the claim is $25,000. 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

Economic impacts

Not applicable

Community impacts

This Ordinance settles an uninsured/underinsured motorist state lawsuit resulting from a stolen motor vehicle driving over a Portland Police Bureau officer. 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: Fred Wiechmann, through attorney Nicholas A. Thede, has filed an uninsured/underinsured motorist state lawsuit against the City for injuries resulting from being runover by an uninsured motor vehicle while working for the Portland Police Bureau on July 24, 2022. The state lawsuit has been investigated by Risk Management Services. The investigation indicates uninsured motorist benefits apply. Therefore, in order to avoid the expense of litigation, it is prudent to settle the state lawsuit at this time. City Attorney, Risk Management Services and the Portland Police Bureau recommend the state lawsuit be settled for the total sum of $25,000, 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 the Auditor are hereby authorized to draw and deliver a check in the amount of $25,000 made payable to Foreman Sturm & Thede LLP Trust Account FBO Fred Wiechmann. 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 uninsured/underinsured motorist state lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

5 yea 0 nay

Roll call (5)