HomeMy WebLinkAboutR-2026-100 settlement agmt_estate of Amber M Rodriguez, E.H.H., and L.E.H. minorsA RESOLUTION
RESOLUTION NO. R-2026-100
authorizing the conditional settlement agreement to settle the lawsuit
brought by the Estate of Amber M. Rodriguez, deceased, E.E.H, a minor
child; and L.E.H, a minor child.
WHEREAS, on February 10, 2025, a lawsuit was filed in Benton County Superior Court
with the Cause No. 25-2-00357-03 entitled Estate of Amber M. Rodriguez, deceased; E.E.H., a
minor child; and L.E.H., a minor child v. City of West Richland, a municipal corporation; West
Richland Police Department, a municipal department; City of Yakima, a municipal corporation;
the Yakima Police Department, a municipal department; the Richland School District #400; and
Yakima School District #7; and
WHEREAS, a settlement was reached between the City of Yakima and the plaintiffs in the
amount of $450,000, plus up to an additional $2,500 for settlement guardian ad-litem fees; and
WHEREAS, plaintiff agreed to execute a Release agreement upon approval of the
proposed settlement by the Yakima City Council and upon court approval of the minor plaintiffs'
settlement; and
WHEREAS, the City of Yakima has not met its self -insured retention for this claim and the
settlement funds will be paid entirely by the City of Yakima; and
WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the City
to authorize the City Manager to consent to the conditional settlement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City of Yakima consents to the conditional settlement between the City of Yakima and
plaintiffs to settle the lawsuit brought by the Estate of Amber M. Rodriguez, deceased, E.E.H, a
minor child; and L.E.H, a minor child. The City Manager is hereby authorized to execute all
documents necessary to conclude settlement as consistent with this Resolution.
ADOPTED BY THE CITY COUNCIL this 7th day of July, 2026.
AlIEST:
salinda lbarra, CMC, City Cie
Docusign Envelope ID: 817394DF-5552-84BE-82C2-6D2B2D3BDC62
CR 2A SETTLEMENT AGREEMENT
Estate of Amber Rodriguez, et al v,. City of Yakima, el al., Benton County Superior Court cause
number 25-2-0035-03
Plaintiffs Estate of Amber M. Rodriguez, E.;.l-[., and L.E.H. (herein "Plaintiffs") and Defendants
City of Yakima and Yakima Police Department (collectively "Defendants"), have conditionally
settled Plaintiffs' claims and agreed as follows:
Defendants will pay to Plaintiffs the sumf S450,000.0 our Hundred
Thousand dollars and Zero cents) inclusive of all claims, costs, and attorneys'
claimed. Defendants will also pay up to $2,500 for the settlement guardian ad-litem
("SGAL") fees for the court -approval process for the settlement of the claims of
one of the minor child plaintiffs.
In exchange for the foregoing, Plaintiffs will sign. a standard settlement agreement.
and release of all claims' in connection with receipt of his settlement funds in which
they release all claims and causes of action that are asserted or could have been
asserted against Defendants based upon the allegations contained in the matter of
Estate of Amber Rodriguez, et al V, City ref Yakima, et at, Benton County Superior
Court cause number 25-2-0035-0 3 ("the lawsuit"). The standard settlement
agreement and release will contain a denial of any liability by Defendants. Plaintiffs
will also, upon counsel's receipt of funds as provided in Paragraph 1, dismiss the
Lawsuit with prejudice and without costs to either party.
In exchange for the payment in Paragraph 1, Plaintiffs will execute a standard
MMSEA form and satisfy allclaims for medical benefits, subrogation, and liens of
any type, including but not !United to any subrogation interest of, Medicare,
Medicaid,, and/or DSHS and will indemnify and hold Defendants and their insurers
harmless from all such claims, liens, and/or accounts; Plaintiffs' counsel agrees to
hold an amount sufficient to satisfy all liens in their trust account until resolution is
accomplished.
This mediated settlement agreement is also subject to approval by the Yakima City
Council. Defendants anticipate the Council will approve the settlement by no later
than July 7, 2026.
This mediated settlement agreement is also subject to approval by the court -
appointed settlement guardian ad-litem ("SGAL") for L.E.H. and E.E.1i., as well
as the Court which appointed the SGAL. Plaintiffs will secure any necessary minor
settlement approval and will pay all fees associated with that processing, other than
as outlined in paragraph 1. above. This settlement is subject to the Court's approval
for the minors' claim. If the Court does not approve of the minors' settlement, then
this agreement is null, void, and unenforceable.
Docusign Envelope ID: 817394DF-5552-84BE-82C2-6D2B2D3BDC62
6. The undersigned agrees that all individuals know to have a potential interest in the
outcome of this lawsuit, including Plaintiffs family
members, and any statutory beneficiaries, have also agreed to this settlement and
agree to be bound by it. All such individuals have been disclosed by Plaintiffs
counsel to defense counsel prior to the execution of this agreement.
SIGNET) this 4th day of June, 0 6.
By: William D. Pickett, on behalf of and with the authority of Plaintiffs
And by: Halley Newhouse, Personal Representative of the Estate of Amber M. Rodriguez
Ha Representative of
the Estate of Amber M, Rodriguez
CITY CONTP.ACT N
RESOLUTION NO:
-20 _6-too
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.G.
For Meeting of: July 7, 2026
Resolution authorizing the conditional settlement agreement to settle
the lawsuit brought by the Estate of Amber M. Rodriguez, deceased,
E.E.H, a minor child; and L.E.H, a minor child (Risk Management
Fund)
SUBMITTED BY: Ryan Bleek, Senior Assistant City Attorney
SUMMARY EXPLANATION:
This matter is on for consideration of a resolution consenting to a settlement agreement resolving the
lawsuit filed by the Estate of Amber M. Rodriguez, deceased, E.E.H, a minor child; and L.E.H, a minor
child on February 10, 2025, in Benton County Superior Court Cause No. 25-2-00357-03 entitled Estate
of Amber M. Rodriguez, deceased; E.E.H., a minor child; and LE.H., a minor child v. City of West
Richland, a municipal corporation; West Richland Police Department, a municipal department; City of
Yakima, a municipal corporation; the Yakima Police Department, a municipal department; the Richland
School District #400; and Yakima School District #7.
The claims against the City of Yakima were settled on June 4, 2026, subject to the approval of the
settlement by the Yakima City Council. The amount of the settlement is $450,000 plus up to an
additional $2,500 for settlement guardian ad-litem fees for the court -approval process for settlement of
the claims of one of the minor child plaintiffs (the second to be paid by a co-defendant). The City of
Yakima has not met its self -insured retention for this claim, so the settlement funds will be paid by the
City of Yakima.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Res-Settlement.docx
CR_2A_Settlement_Agreement_
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