HomeMy WebLinkAboutJI CHENG CLAIM SETTLEMENT
Attachment number 1
Page 1 of 3
RESOLUTION
RESOLUTION AUTHORIZING THE SElTLEMENT OF ALL CLAIMS IN A
PERSONAL INJURY, WRONGFUL DEATH AND SURVIVORSHIP CLAIM
FOR DR. JI CHENG, DECEDENT, IN THE AGGREGATE AMOUNT OF FOUR
HUNDRED AND TEN THOUSAND DOLLARS ($410,000.00);
AUTHORIZING THE COUNTY ADMINISTRATOR TO DISBURSE THE
AMOUNT OF $410,000.00; WAIVING AUGUSTA-RICHMOND COUNTY
CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE
ONLY; AND FOR OTHER PURPOSES.
WHEREAS, On March 10, 2008, an Augusta City-County Transit Authority bus
driver, Albert Smith, collided with Dr. Cheng, decedent, in a motor vehicle accident, (the
accident"); and
WHEREAS, decedent was a pedestrian in or near the cross walk of the
intersection of Fifteenth Street and Laney Walker Boulevard, Augusta, Richmond
County, Georgia, at the time of said accident;
WHEREAS, said driver, while acting in the course and scope of his employment,
is alleged to have negligently failed to see decedent as he entered the intersection and
struck the decedent;
WHEREAS, decedent died as a result of injuries she received in the accident;
WHEREAS, decedent is believed to have experienced pain and suffering and her
estate has incurred medical bills, funeral expenses, and attendant expenses as a result of
the accident;
WHEREAS, Claimant, decedent's widower and surviving spouse, seeks damages
for loss of consortium and the full value of the life of the decedent, and damages for
claims of nuisance, negligent hiring, retention and supervision;
WHEREAS, Claimant, Mr. Chaohui Wu, individually, and as Administrator of the
Estate of Dr. Ji. Cheng, through his legal representative, has timely submitted notice
pursuant to a.c.G.A. SS 36-11-1 and 36-33-5;
WHEREAS, Claimant has agreed to settle all claims and potential claims against
the consolidated government of Augusta-Richmond County, its officers, employees,
successors and agents, the Augusta City-County Transit Authority, and Albert Smith, for
the sum of $410,000.00 for any and all claims arising out of the accident referenced
herein;
WHEREAS, Claimant has agreed to indemnify and hold harmless the
consolidated government of Augusta-Richmond County, its officers, employees,
successors and agents, the Augusta City-County Transit Authority, and Albert Smith, for
Resolution - Dr. Ji Cheng
1
Item # 22
Attachment number 1
Page 2 of 3
any and all claims which may be brought by any other parties arising out of the accident
referenced herein;
WHEREAS, the General Counsel considers it to be in the best interests of
Augusta-Richmond County to resolve this matter and recommends that it pay the
amount of Four Hundred and Ten Thousand Dollars ($410,000.00) to Claimant to
settle all claims of Claimant against Augusta- Richmond County arising out of the alleged
facts;
WHEREAS, Augusta-Richmond County, Augusta-Richmond County Transit
Authority, and Augusta-Richmond County Transit Authority bus driver Albert Smith
admit no liability;
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission
Section 1: The Augusta-Richmond County Commission will settle the claims
of Mr. Chaohui Wu, individually, and as Administrator of the Estate
of Dr. Ji. Cheng for the aggregate amount of Four Hundred and Ten
Thousand Dollars ($410,000.00).
Section 2: The County Administrator is authorized to pay a total sum of Four
Hundred and Ten Thousand Dollars ($410,000.00) to Mr. Chaohui
Wu, individually, and as Administrator of the Estate of Dr. Ji.
Cheng and his legal representative at the direction of the General
Counsel from the account of 6110152135523273. Payment shall be
in the form of a check payable to Chaohui Wu and his legal
representative.
Section 3: To the extent that any section of the AUGUSTA CODE is in conflict
herewith, th~ction is waived for this instance only.
Adopted this -Ii- day of , !1~
',.';:,:.'V -,
d2 ZVt.~
David S. openhaver
As its Mayor
Seal:
Certification
Resolution - Dr. Ji Cheng
2
Item # 22
Attachment number 1
Page 3 of 3
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
for~o.i~&EfPolution was duly adopted by the Augusta-Ri. 'chmond County Commission
on~2oo9 and that such Resolution has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy
of the Resolution which was approved and adopted in the foregoing meeting(s).
Lena J. Bonner, Clerk of Commission
Resolution - Dr. Ji Cheng
3
Item # 22
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoingJ~e~tion was duly adopted by the Augusta-Richmond County Commission
on ~09 and that such Resolution has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy
of the Resolution which was approved and adopted in the foregoing meeting(s).
Lena J. Bonner, Clerk of Commission
Resolution - Dr. Ji Cheng
3