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Olmsted Falls approves $45,000 settlement in Traine lawsuit; law director says insurer drove deal

Olmsted Falls City Council · September 9, 2025
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Summary

Council adopted Resolution 46-2025 authorizing a $45,000 settlement to resolve William Traine v. City of Olmsted Falls; Law Director Max Rieker said the insurance carrier negotiated the settlement and warned of a "hammer clause" limiting insurer liability if the city rejected the offer.

Olmsted Falls City Council on Sept. 9 voted 5–0 to approve Resolution 46-2025 authorizing the mayor to sign a $45,000 settlement in the long-running case William Traine v. City of Olmsted Falls. Law Director Max Rieker said the suit, filed in 2018, had been litigated through the Court of Appeals and was set for trial Feb. 25, 2026, unless settled. He told council the city prevailed on most claims and that the insurer pressed for a settlement in mediation.

Rieker described the insurer-driven nature of the deal and explained a "hammer clause" that could cap insurer liability if the city rejected the carrier's proposed figure and a larger verdict followed at trial. Mayor James P. Graven called the underlying claim "frivolous," saying the city had succeeded in earlier proceedings. Rieker confirmed the plaintiff had already signed the agreement and that the settlement funds come from insurance, not a direct city cash appropriation.