HomeMy WebLinkAbout04/03/2018 06F Settlement Agreement with CIAW and Munich Reinsurance for Lawsuit Brought by Carol WatersBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
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Item No. 6.F.
For Meeting of: April 3, 2018
ITEM TITLE: Resolution authorizing consent to a settlement entered into by
Cities Insurance Association of Washington ("CIAW") and Munich
Reinsurance to resolve and settle the lawsuit brought by Carol
Waters
SUBMITTED BY: Helen 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 on September 15, 2015, in Yakima County Superior Court Case No. 15-2-02681-9
entitled Carol Waters v. City of Yakima; Yakima County; and Central Washington Fair Association
dba State Fair Park, and to settle all claims against the City of Yakima by the plaintiff.
The claims against the City were settled by CIAW and Munich Reinsurance through mediation
with mediator Gregg Bertram of Pacific ADR Consulting, LLC, subject to the presentation of the
settlement before the Yakima City Council at a City Council business meeting. A copy of the
Settlement Agreement releasing the claims against the City of Yakima is attached. The
settlement amount involving the City is $125,000, 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:
NA
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
0 Resolution
0 Settlement Agreement
Upload Date
3/26/2018
3/26/2018
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Type
Resolution
Backup Material
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RESOLUTION NO. R -2018-
A RESOLUTION authorizing consent to a settlement entered into by Cities Insurance
Association of Washington ("CIAW") and Munich Reinsurance to resolve
and settle the lawsuit brought by Carol Waters.
WHEREAS, on September 15, 2015, a lawsuit was filed in Yakima County Superior Court
Case No. 15-2-02681-9 entitled Carol Waters v. City of Yakima; Yakima County; and Central
Washington Fair Association dba State Fair Park; and
WHEREAS, through a mediation, a settlement involving the plaintiff's claims against the
City was reached by Cities Insurance Association of Washington ("CIAW") and Munich
Reinsurance and the plaintiff to resolve and conclude all claims against the City 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 involving the City of Yakima 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 Cities Insurance Association of Washington and Munich Reinsurance to resolve and settle
the lawsuit brought by Carol Waters against the City of Yakima, which settlement will be paid by
CIAW and Munich Reinsurance.
ADOPTED BY THE CITY COUNCIL this 3rd day of April, 2018.
ATTEST: Mayor
Sonya Claar Tee, City Clerk
SETTLEMENT AGREEMENT
Mediation
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On March 22, 2018, the parties in the matter of Carol Waters v. City of Yakima, et. al.,
Yakima County Superior Court Case No. 15-2-02681-9, engaged in a mediation with
Gregg Bertram acting as mediator.
2. Release
For the consideration recited below, Carol Waters and her representatives, beneficiaries,
heirs, children, grandchildren, executors, administrators, successors and assigns (herein-
after "Releasing Parties"), forever release the City of Yakima, Cities Insurance Associa-
tion of Washington ("CIAVV"), Clear Risk Solutions, Munich Reinsurance, and all their
respective past, present, and future agents, employees, officers, directors, elected and
appointed officials, assigns, successors, attorneys, insurers, and related entities (hereinaf-
ter "Entities Released") from all claims, rights and causes of action, which may ever be
asserted by the Releasing Parties, whether presently known or unknown, presently
asserted or unasserted, presently vested or contingent, which in any way arise out of or
are related to any incidents, acts or omissions between the Releasing Parties and the City
of Yakima and its past, present or future elected or appointed officials, officers, employ-
ees, and agents, including but not limited to: (1) an incident involving claimant Carol
Waters when she tripped and fell in the vicinity of a sidewalk located on the east side of
Fair Avenue in the proximity of Gate 1 of the Fairgrounds in Yakima, Washington on
September 23, 2012; (2) all those matters which are or could have been the subject of the
Claim for Damages filed by Carol Waters on or about June 4, 2015; (3) all those matters
which are or could have been the subject of Yakima County Superior Court Case No. 15-
2-02681-9 and (4) any other incidents, acts or omissions involving the Releasing Parties
and the Entities Released occurring through the date this Settlement Agreement is signed.
This release includes all claims, rights and causes of action under federal, state, or local
law, including, but not limited to, those based in statute, regulation, code, ordinance, tort,
contract, equity or otherwise.
This release is intended to cover any and all past, present, and future injuries, damages or
losses known, or not known to the parties to this agreement, but which may later develop,
or be discovered in connection with the above -referenced incident including, but not
limited to, wrongful death claims, survivorship claims, loss of income, loss of benefits,
medical expenses, all claims for loss of parent-child relationship or support, loss of
Settlement Agreement - 1 of 3
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consortium, property damage, attorney's fees, and costs.
Consideration
The consideration for the aforementioned release of claims contained in paragraph 2
above and for this settlement includes the following:
1) Payment by the City of Yakima, CIAW and/or Munich Reinsurance
to the Abeyta Nelson Trust Account, the sum of One Hundred
Twenty Five Thousand Dollars ($125,000.00), payable for the bene-
fit of the Releasing Parties, and payment of the mediator's fee, sub-
ject to the approval by the Yakima City Council;
2) Dismissal with prejudice and without costs or fees of Yak' a Coun-
ty Superior Court Case No. 15-2-02681-9;
3) Tax liability, if any, on the proceeds of the settlement sum shall be
paid by the Releasing Parties, and the Releasing Parties agree to hold
the City of Yakima harmless and to indemnify them from any tax
consequences of this settlement. The duty to indemnify and hold
harmless the City of Yakima includes, but is not limited to, any re-
quired employer contribution or payment if any of the settlement
proceeds are determined to be taxable income as to the Releasing
Parties or their law firms.
4. Indemnification for Subrogation and Lien Claims, and Hold Harmless
The undersigned covenants and represents that all liens, reimbursement, assigned and
subrogation claims (including, but not limited to, all liens, reimbursement, assigned and
subrogation claims under RCW Chapters 43.20B, 60.44, 74.09. Medicaid, Medicare or
any 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 paid or
otherwise resolved from the proceeds of this settlement.
The undersigned hereby covenants to defend, indemnify and hold harmless the Entities
Released from and against all liens, reimbursement, assigned, and subrogation claims,
and any other claim, cross claim, counterclaim or third party claim arising out of or
relating to the above described occurrence, including all costs and attorney's fees incurred
in the defense of such claims, arising out of contract or under state or federal law
including, but not limited to, any subrogation, reimbursement, assigned or lien claims of
the undersigned's health care providers, insurance can-iers, healthcare benefit plans, the
Settlement Agreement - 2 of 3
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Department of Labor & Industries, the Department of 'Social and Health Services, and
any federal agency or program such as Medicare, Medicaid, Veteran's Administration,
Social Security, or Federal Workmen'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 liens, 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.
5. Warranty of Capacity to Execute Agreement
The Releasing Parties certify and warrant that they are fully authorized to enter into this
agreement and bind themselves and the parties thereto. The Releasing Parties further
warrant 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 they have the sole right and
exclusive authority to execute this Settlement Agreement and to receive the settlement
proceeds.
6. Governing Law
This Settlement Agreement shall be construed and interpreted according to the laws of
the State of Washington. The venue of any action necessary under this Settlement
Agreement shall be solely in Yakima County, Washington.
7. Denial of Liability
This Settlement Agreement expresses the full and complete settlement of all claims. It is
expressly agreed that liability for all such claims is denied by the Entities Released as is
any fault relating to the matters described. It is agreed and understood that this settlement
is a compromise of disputed claims. Acceptance of this release shall not operate as an
admission of liability on the part of the Entities Released.
8. Understanding and Consultation With Counsel
I HAVE COMPLETELY READ THIS FINAL RELEASE AND SETTLEMENT
AGREEMENT AND FULLY UNDERSTAND AND VOLUNTARILY ACCEPT IT
FOR THE PURPOSE OF FINAL RESOLUTION AND SETTLEMENT OF ANY
AND ALL CLAIMS, DISPUTED OR OTHERWISE, FOR THE EXPRESS
PURPOSE OF PRECLUDING FOREVER ANY OTHER CLAIMS ARISING CUT
Settlement Agree ent - 3 of 3
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OF OR IN ANY WAY CONNECTED WITH. THE INCIDENTS, INJURIES, OR
DAMAGES ABOVE MENTIONED.
I RECOGNIZE THAT THE FUTURE COURSE OF PRESENT INJURY OR
OTHER DAMAGES CANNOT BE PREDICTED WITH CERTAINTY. I AS-
SUME THE RISK THAT THE CLAIMED INJURIES OR DAMAGES MAY
WORSEN IN THE FUTURE AND THAT NEW INJURIES OR DAMAGES MAY
DEVELOP. I ACKNOWLEDGE THAT MY INFORMATION REGARDING THE
CLAIMS MADE IS SUFFICIENT TO ENTER INTO THIS FINAL RELEASE
AGREEMENT AND EXPRESSLY WAIVE ANY CLAIM THAT THIS RELEASE
IS NOT FAIRLY AND OWINGLY MADE. THIS SETTLEMENT AGREE-
MENT IS ENTERED AFTER CONSULTATION WITH MY ATTORNEY, David
Abeyta of Abeyta Nelson Injury Law.
Dated: March 22, 2018.
Carol Waters, Releasing Party and on 'behalf
of Releasing Parties
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