passed ordinance 2026-127

*Pay settlement of the Estate of Ashlee McGill wrongful death lawsuit involving the Portland Bureau of Transportation for $80,000

transportation
public safety
claim settlement

Department: Risk Management
Introduced by: Mayor Keith Wilson
Status: Passed

Impact statement

Purpose & background

This Ordinance settles a wrongful death lawsuit brought by the Estate of Ashlee McGill, resulting from a motor vehicle collision that involved a pedestrian in southeast Portland.

Financial impacts

This legislation will have no impact on City revenue. Total cost to the City to settle the lawsuit is $80,000. The source of funding is the City's Insurance and Claims Fund. All costs of the settlement are in the current fiscal year. This Ordinance does not amend the budget.

Economic impacts

Not applicable.

Community impacts

This Ordinance settles a tort claim resulting from a pedestrian involved motor vehicle collision with a City controlled crosswalk involving the Portland Bureau of Transportation. 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: The Estate of Ashlee McGill, through attorney Jon Zbinden, has filed a wrongful death lawsuit against the City for damages involving the Portland Bureau of Transportation on August 27th, 2022. 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 jury award, it is prudent to compromise the lawsuit at this time. City Attorney, Risk Management Services, and the Portland Bureau of Transportation recommends the lawsuit be compromised for the total sum of $80,000, 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 City Administrator is authorized to settle the lawsuit in the amount of $80,000.00. Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this wrongful death lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

11 yea 0 nay 1 other