HomeMy WebLinkAbout161-08 RESOLUTIONRESOLUTION NO. 161-08
A RESOLUTION TO AUTHORIZE THE CONTINUATION OF THE
REPRESENTATION BY DON TAYLOR OF THE DEFENSE OF THE
ROMINE CASE
WHEREAS, Don Taylor has ably represented David Jurgens for more than a year during
depositions, motions and a successful appeal in the Romine v. City of Fayetteville, et al. case;
and
WHEREAS, the City of Fayetteville would be benefited by Don Taylor's intimate and
extensive knowledge of the facts and law surrounding this complex case if he was retained to
help try this four-day jury trial case scheduled for October of this year; and
WHEREAS, Don Taylor has agreed to continue his representation on the same hourly
basis as his previous representation of David Jurgens, and the City Attorney recommends that the
City Council authorize his continued representation through the trial and any necessary appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby authorizes
the continued representation by attorney Don Taylor of the Davis, Wright, Clark, Butt and
Carithers law firm for the defense of the City of Fayetteville in the Romine v. City of
Fayetteville, et al case.
PASSED and APPROVED this 19a' day of August, 2008.
APPROVED:
By
DAN COOD , Mayor
ATTEST:
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SONDRA E. SMITH, City Clerk/Treasurer
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CITY ATTORNEY AGENDA REQUEST
FOR: COUNCIL MEETING OF AUGUST 19, 2008
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution To Authorize The Continuation Of The Representation By Don
Taylor Of The Defense Of The Routine Case
APPROVED FOR AGENDA:
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Date
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Date
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
CC: David Jurgens, Water & Wastewater Director
Don Taylor, Attorney
Peggy Vice, Purchasing Manager
FROM: Kit Williams, City Attorney'
DATE: August 12, 2008
RE: Romine v. City of Fayetteville : Attorney Don Taylor
I am happy to report that Judge Gunn has now signed the Order Granting
Summary Judgment To David Jurgens pursuant to the Arkansas Supreme Court's
mandate and opinion. I have attached this Order.
Don Taylor of the Davis, Wright, Clark, Butt & Carithers law firm has
represented David over a year and has done considerable trial preparation
(depositions, discovery, motions, etc.) when we believed the case was about to be
tried last year It was not tried then so that Don with the help of Connie Clark
could appeal his Motion For Summary Judgment to the Arkansas Supreme Court.
This very complex case, with several different types of claims against the
City still viable and numerous expert witnesses to be presented, is scheduled for a
four-day jury trial. in October. Don and I have worked together for David and the
City over last year. I have been impressed by his diligence, intelligence and
understanding of the difficult issues in this case. As we prepare for trial again, I
would be greatly assisted in the defense of the City if Don Taylor remained
involved as co -counsel for the City.
Don has agreed to represent the City for thc, same reasonable fees he has
been paid during his representation of David Jurgens. I believe this would be
money very well spent as the plaintiff is demanding very substantial damages. I am
presenting the attached Resolution for your consideration authorizing Mr. Taylor's
representation of the City.
On a final note, I was successful on Friday, August 8, 2008, in the City's
Motion To Dismiss Punitive Damage Claims Against the City. There is no
Supreme Court case or statute directly answering whether punitive damages could
be awarded against cities in Arkansas. Fortunately, Judge Gunn agreed with the
City and the United States Supreme Court (in a related, but not controlling case)
that it is neither good public policy nor just to award punitive damages to a fully
compensated plaintiff when the punitive damages would likely punish innocent
taxpayers by reducing services or requiring additional taxes Judge Gunn also
agreed with the City's Response and brief and denied Plaintiffs Motion To Stay
the Mandate of the Arkansas Supreme Court.
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE THE CONTINUATION OF THE
REPRESENTATION BY DON TAYLOR OF THE DEFENSE OF THE
ROMINE CASE
WHEREAS, Don Taylor has ably represented David Jurgens for more than a year during
depositions, motions and a successful appeal in the Romine v. City of Fayetteville, et al. case;
and
WHEREAS, the City of Fayetteville would be benefited by Don Taylor's intimate and
extensive knowledge of the facts and law surrounding this complex case if he was retained to
help try this four-day jury trial case scheduled for October of this year; and
WHEREAS, Don Taylor has agreed to continue his representation on the same hourly
basis as his previous representation of David Jurgens, and the City Attorney recommends that the
City Council authorize his continued representation through the trial and any necessary appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby authorizes
the continued representation by attorney Don Taylor of the Davis, Wright, Clark, Butt and
Canthers law firm for the defense of the City of Fayetteville in the Romine v. City of
Fayetteville, et al case.
PASSED and APPROVED this 19`h day of August, 2008.
APPROVED: ATTEST:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
4
IN THE CIRCUIT COURT OF wASHINGToN: CodJ,�N YFARKANSAS
CIVIL DIVISION
2808 4GG -7 Ptd 4: 28
JEANNY ROMINE PLAINTIFF
W4SH NGTII,; Cp s1R
Case No. CV-05-122�t CUSTIT CLEr^S& i
. A,i i
v.
CITY OF FAYETTEVILLE,
ARKANSAS, MARK RISK,
DAVID FOURNET, ANDREA
FOURNET and DAVID JURGENS
DEFENDANTS
ORDER GRANTING SUMMARY TUDGMENT
In compliance with the opinion of the Arkansas Supreme Court delivered May 1,
2008 and the Mandate of the Supreme Court filed herein on June 6, 2008, for the reasons
set forth in said Supreme Court opinion, summary judgment is hereby granted in favor of
David Jurgens and the plaintiff's Complaint, with all amendments thereto against David
Jurgens, are hereby dismissed with prejudice. Further, pursuant to the Mandate of the
Arkansas Supreme Court, Judgment is hereby rendered in favor of the City of Fayetteville
and David Jurgens against Jeanny Romine in the amount of costs assessed by the Supreme
Court of $2,929.20, said amount to bear interest at the highest lawful rate from and after the
date of this Order.
IT IS SO ORDERED
(8.25.08
Clarice Pearman - Res. 161-08 mm page 1
From: Clarice Pearman
To: Williams, Kit
Date: 8.25.08 1:37 PM
Subject: Res. 161-08
Attachments: 161-08 Retain Don Taylor-Romine v. City.pdf
CC: Audit
Kit:
Attached is a copy of above resolution passed by City Council, August 19, 2008 regarding Don Taylor. Please let me know if
there is anything else needed for this item. Have a good day.
Thanks.
Clarice