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Home My WebLink AboutR-2017-098 Settlement of Lawsuit brought by Keith A. Schrank RESOLUTION NO. R-2017-098 A RESOLUTION authorizing the City Manager of the City of Yakima to consent to a settlement entered into by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance to resolve and settle the lawsuit brought by Keith A. Schrank WHEREAS, on February 9, 2015, a lawsuit was filed in Yakima County Superior Court Case No 15-2-00375-4 entitled Keith A. Schrank v. Esther M. Cyr and John Doe Cyr, and City of Yakima, and WHEREAS, through a mediation, a settlement was reached by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance and the plaintiff to resolve and conclude all claims in the matter; and WHEREAS, in the settlement agreement, liability for all such claims is denied by the entities being released, and WHEREAS, the entire amount of the settlement is to be paid by CIAW and reinsurer Munich Reinsurance, and the City of Yakima is paying no money toward settlement of the case, 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 a settlement entered into by CIAW and Munich Reinsurance and the plaintiff to resolve and conclude the lawsuit, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is authorized to consent to the settlement entered into by CIAW and Munich Reinsurance to resolve and settle the lawsuit brought by Keith A. Schrank, which settlement will be paid by CIAW and Munich Reinsurance ADOPTED BY THE CITY COUNCIL this 1st day of August, 2017 ATTEST —�� athy o y, Ma 'Sonya CI ar Tee, Cit`y�,Clerk_ r �'Z 0 Y / h. • �\.1,„,,,-. 4; SETTLEMENT AGREEMENT 1. Release 4 This release is intended to cover any and all past, present, and future injuries, damages or losses i o M or not known to the parties to this agreement,but which may later develop, *r be discovered in connection with the above -referenced motor vehicle accident NAcluding,`I to, wrongful death• ! claims, lossof income, consortium,loss of benefits, all claims for loss of parent-child relationship or support, loss of property d# it * attorney's and costs. . Indemnification for Subrogation and Lien ClaiMsnd Hold Harmless The undersigned- MI I represents that all lien,I and 54 r(including,but not1 to,# I id and Qnbrogation claims under RCW Chaptersi 60.44, 74.09,Medicare Y-ny other state or federal law), and all claims of any other persons or entities legally entitled to share in the proceeds of this settlement have been paid, or will be I, or *therwise resolved fromproceeds The undersigned hereby covenants to defend, indemnify and" hold harmless the Entities Released from and against all lien, reimbursement, assigned, and subrogation claims, and any other claim,= or third party claim arisingout ofor m. * I -n TWO live-11LOEM11 "reml R', WII I- i IsUCTINC *1 stcx clailius, ansi I U011-111faUL 4T 11IN-CE St L ' '161- X&Icrdl lulif -UlUIL IE not limited to, any subrogation, reimbursement, assigned or lien claims of the under- signed!s health care providers, insurance carriers, healthcare benefit plans, the Depart- ment of Labor & Industries, the Department of Social and Health Services, and any federal agency or program such as Medicare, Medicaid, Veteraws Administration, Social Security, or Federal Worlonen's Compensation program. The Entities Released retain the right to monitor the defense of any such claim or action. The undersigned's agreement to pay and discharge all lien, reimbursement, assigned, and subrogation claims is expressly declared to have the effect provided for in RCW 60.44.050, and to have like effect under any other similar applicable statutes or regula- tions of any state or federal agency. 3. Warranty of Cgpaciiy to Execute Age The undersigned warrants that no other person or entity has or has had any interest in the claims or causes of action referred to in this Settlement Agreement and that he has the cole right and exclusive authority to execute this Settlement Agreement and receive the gums specified in it. The undersigned shall defend, indemnify, and hold harmless the Entities Released should any other person or entity claim. to have an interest in the claims -2,nd injuries described in this Settlement Agreement. This Settlement Agreement shall be construed and interpreted according to the laws the State of Washington. This settlement agreement is subject to approval by the Yaki City Council. 5. Denial of Liabilitv This Agreement expresses the full and complete settlement of all liability claims. Liability for such claims is expressly denied by the Entities Released. Regardless of the adequacy of the above consideration, the acceptance of this release shall not operate as an admission of liability on the part of the Entities Released. 112F."I M Oki 51 Settlement Agrecinent - 2 of 3 �P .M.A.0 rdww.. W &M. .................. Mal U.: .21 . . . . . . . . . 11 MIVEMW STATE OF WASHINGTON ss'. County of Yakima On this day personally appeared before me KEITH SCHRANK, to me known to be the individual described in and who executed the within and foregoing Settlement Agreement, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of July, 2017. foo/ �OTAR�YP �Ll'' M 0 N Residing at - My Commission Expires: sour la- _k9 a coo, PUBV- - N "///OF W 111jm11V1%%\ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.J. For Meeting of: August 1, 2017 ITEM TITLE: Resolution authorizing a settlement agreement by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance to resolve and settle the lawsuit brought by Keith A. Schrank SUBMITTED BY: Helen A. Harvey, Senior Assistant City Attorney SUMMARY EXPLANATION: This matter is on for consideration of a Resolution authorizing the City Manager to consent to a settlement entered into by CIAW and reinsurer Munich Reinsurance to resolve and settle the lawsuit filed by Keith A. Schrank on February 9, 2015 in Yakima County Superior Court Case No. 15-2-00375-4 entitled Keith A. Schrank v. Esther M. Cyr and John Doe Cyr; and City of Yakima, and to settle all claims by the plaintiff. The claim against the City of Yakima was settled by C IAW and Munich Reinsurance through mediation with mediator Charles Burdell of Judicial Dispute Resolution, subject to the presentation of the settlement before the Yakima City Council at a City Council business meeting. A copy of the Settlement Agreement is attached. The amount of the settlement is $250,000, which entire amount is to be paid by CIAW and the City's insurance carrier Munich Reinsurance. The City of Yakima is paying no money toward settlement of the case. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FORct*�� SUBMITTAL: ~`City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Resolution Settlement Agreement Upload Date 7/26/2017 7/26/2017 Type Resolution