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Home My WebLink AboutR-2024-134 Resolution authorizing a settlement agreement to resolve and settle the lawsuit brought by Jonathan Manka and Tamara Manka RESOLUTION NO. R-2024-134 A RESOLUTION authorizing the City of Yakima to consent to a conditional settlement agreement entered into by Cities Insurance Association of Washington ("CIAW') and Munich Reinsurance to resolve and settle the lawsuit brought by Jonathan Manka and Tamara Manka. WHEREAS, on June 25, 2019, a lawsuit was filed in Yakima County Superior Court Case No. 19-2-02374-39 entitled Jonathan Manka and Tamara Manka v. City of Yakima and Shane Stevie; and WHEREAS, a settlement was reached between CIAW and Munich Reinsurance and the plaintiffs in the amount of$250,000 to resolve and conclude all claims in the matter; and WHEREAS, plaintiff agreed to execute a Release agreement upon approval of the proposed settlement by the Yakima City Council; and WHEREAS, the City of Yakima shall owe approximately $8,288.39 before meeting its deductible for matter, with the remaining settlement balance paid by CIAW and Munich Reinsurance; and WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the City to authorize the Interim City Manager to consent to a settlement entered into by CIAW 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 of Yakima consents to the settlement entered into by CIAW and Munich Reinsurance to resolve and settle the lawsuit brought by Jonathan Manka and Tamara Manka. The Interim City Manager is hereby authorized to execute all documents necessary to conclude settlement as consistent with this Resolution. ADOPTED BY THE CITY COUNCIL this 16th day of July, 2024. VAKittiN1t atricia Byers, ayor ATTEST: �,% hip %* SEAL *' *► ►: �I l . . . ice: I./S. a..WA •/NGSG Rosalinda Ibarra, City Clerk ‘‘"‘ Settlement Agreement This settlement agreement is made between Plaintiffs Jonathan and Tamara Manka and Defendants City of Yakima and Officer Shane Stevie for the purpose of settling all claims brought by the Mankas as a result of a motor vehicle accident that occurred between Officer Stevie and Jonathan Manka on February 10,2017. 1. Parties Releasing Claims Jonathan Manka and Tamara Manka ("Claimants" herein) execute this release on behalf of themselves and their agents,assigns,predecessors and successors. 2. Consideration Paid for This Release This release is executed in exchange for the consideration of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) paid to Claimants to resolve all claims arising from an accident that occurred on February 10, 2017, in Yakima, Yakima County, Washington ("the accident"). The accident is the subject of Jonathan Manka and Tamara Manka vs. City of Yakima and Shane Stevie, Yakima County Superior Court Cause No. 19-2-02374-39(the"lawsuit"). 3. Persons Being Released This release releases City of Yakima and all past, present, and future employees, elected/appointed officials, and volunteers, including but not limited to Shane Stevie and his spouse, their predecessors and successors, principals, agents, attorneys, assigns and insurers from any further liability for the accident and the lawsuit. The persons and entities being released are hereinafter referred to as the"released parties." 4. Claims Being Released In return for the consideration described above, Claimants hereby release and forever discharge any and all actions and claims for damages they have or may have against the released parties, whether known or unknown,contingent or fixed,and whether or not matured,prior to the date of this release. This RELEASE OF CLAIMS - 1 release encompasses any and all claims related to any element of special or general damages, including but ndt limited to property damage, medical expenses, wage loss, loss of consortium, pain and suffering, loss of enjoyment of life,etc. 5. Specific Waiver of Uncertain Damages The extent of the damages sustained by Claimants is unknown. Claimants rely wholly on their own judgment and have consulted with counsel regarding the claims and damages which are released herein, and have not been influenced by any statement made by the persons being released or by any person employed by them. 6. Dismissal of Lawsuit Claimants stipulate to dismissal with prejudice of all of their claims that were asserted or could have been asserted in the lawsuit, with all parties to bear their own costs and expenses. Claimants will sign a Stipulation and Order of Dismissal within five days of receiving the settlement funds set forth in paragraph 2. 7. Indemnity This release is intended to, and Claimants hereby warrant, that they will dispose of all further liability of the released parties to Claimants. Should any further claim relating to the matter described in this release be made by any person or entity for which the persons being released might be liable, Claimants agree to and will hold harmless and indemnify the released parties from any and all liability for such claims, including all costs, expenses and attorneys' fees incurred in defending such claims. The indemnity obligation herein applies without limitation to any liens or claims held by health care providers, insurers, subrogation carriers, governmental agency liens including Medicare/Medicaid, Molina Healthcare of Washington, Farmers Insurance, or attorneys related to claims or injuries of Claimant that are within the subject matter of the lawsuit. RELEASE OF CLAIMS-2 8. No Admission This release and the consideration paid hereunder is a compromise of disputed and uncertain claims,and is not an admission of the merits or lack of merits of a claim or defense,or of any facts or law bearing on the same,by Claimants or any of the released parties. 9. Merger This release contains the entire agreement between the parties and the terms herein are contractual and not merely a recital. 10. Applicable Law This release shall be governed by the laws of the state of Washington and shall be enforceable in the Superior Court of the county where the lawsuit has been filed. If no lawsuit has been filed,then in the county where the accident occurred. 11. Attorneys'Fees In any legal proceeding brought to enforce this release, the prevailing party shall be granted an award of reasonable attorneys'fees and other expenses of such proceeding. 12. Time of Effect This Agreement shall take effect upon Claimants' signing of it, or the delivery to Claimants' attorney of the consideration stated in paragraph 2 above,whichever occurs later. Any and all obligations of the released parties under this release shall be complete upon delivery of such consideration and it shall not be necessary for any of those parties to sign this release. 13. Binding Agreement This release shall be binding on and inure to the benefit of the Claimant and the released parties hereunder and their respective successors,assigns,heirs and legal representatives. /// /// RELEASE OF CLAIMS-3 DATED this V1 day of 3 L ,2024. ei12‘...x.... --e. , Dave Zabell, lnte m anager,City of Yakima CITY CONTRACT NO: 10. - (;) RESOLUTION NO: , r O S=y crtii DATED this vl day of J(A l(/� , 2024. 0....." (...,.., .....,,,, Jo athan anka,Claq,..,(4 t mara Manka,Cla ma a' Approved as to form: Cal— f 4 G/lr Megan E. Hale, WSBA #41823 Attorney for Jonathan and Tamara Manka RELEASE OF CLAIMS -4 '7 1.:7' mo% BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.L. For Meeting of: July 16, 2024 ITEM TITLE: Resolution authorizing a settlement agreement to resolve and settle the lawsuit brought by Jonathan Manka and Tamara Manka SUBMITTED BY: Ryan Bleek, Senior Assistant City Attorney SUMMARY EXPLANATION: This matter is on for consideration of a Resolution authorizing the Interim City Manager to consent to a settlement entered into by CIAW and Munich Reinsurance to resolve and settle the lawsuit filed by Jonathan Manka and Tamara Manka on June 25, 2019 in Yakima County Superior Court Case No. 19-2- 02374-39 entitled Jonathan Manka and Tamara Manka v. City of Yakima and Shane Stevie, and to settle all claims by the plaintiffs. The claims against the City of Yakima and Shane Stevie were settled by CIAW and Munich Reinsurance on June 28, 2024, subject to the approval of the settlement before the Yakima City Council at a City Council business meeting. The amount of the settlement is $250,000. The City of Yakima shall owe approximately$8,288.39 before meeting its deductible for this claim, with the remaining settlement balance paid by CIAW and Munich Reinsurance. ITEM BUDGETED: Yes STRATEGIC PRIORITY: N/A RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Res-Settlement.docx Release of Claims- Settlement Agreement 174