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HomeMy WebLinkAboutR-2010-127 Lawsuit Settlements re: Guillermo Aguilar and Edgar Trevino-MendozaA RESOLUTION RESOLUTION NO R-2010-127 authorizing and directing the City Manager of the City of Yakima to execute Settlement and Full Release agreements to resolve and settle the lawsuits brought by the Personal Representatives of the Estates of Guillermo Aguilar and Edgar Trevino -Mendoza WHEREAS, on September 18, 2009, a lawsuit was filed in Yakima County Superior Court No 09-2-03457-4 entitled Ana Lucas Garcia, as Personal Representative of the Estate of Guillermo Aguilar v Blake Edward Young, individually, and City of Yakima, a municipal corporation, Yakima Police Department, a municipal department; and WHEREAS, on October 2, 2009, a lawsuit was filed in Yakima County Superior Court Cause No 09-2-03696-8 entitled Celerina ("Sally') Mendoza and Juan Mendoza, Co Administrators and Personal Representatives of the Estate of Edgar Trevino -Mendoza v the City of Yakima, and Blake Young; and WHEREAS, through a mediation with the assistance of a mediator, a settlement has been reached that will resolve and conclude all claims in the matter regarding the City of Yakima and the Yakima Police Department, subject to the approval of the Yakima City Council, and WHEREAS, the City Council of the City of Yakima deems it to be in the best interests of the City of Yakima to execute the Settlement and Full Release agreements to resolve and conclude the lawsuits, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager of the City of Yakima is hereby authorized and directed to execute two Settlement and Full Release agreements in a form similar to the attached Settlement and Full Releases for the lawsuits filed against the City of Yakima by the Personal Representative on behalf of the Estate of Guillermo Aguilar, Yakima County Superior Court Cause No 09-2- 03457-4 and by the Personal Representatives on behalf of the Estate of Edgar Trevino - Mendoza, Yakima County Superior Court Cause No 09-2-03696-8 The final form of the Settlement and Full Release agreements is to be approved by an attorney in the City Legal Department before execution by the City Manager ADOPTED BY THE CITY COUNCIL this 16th day of November, 2010 ATTEST Micah Cawley, Mayor c -) I0 - R - C2 - SETTLEMENT AND FULL RELEASE WHEREAS, ANA LUCAS GARCIA, as Personal Representative of the Estate of GUILLERMO RAPHAEL AGUILAR (hereinafter "Plaintiff'), brought suit against the CITY OF YAKIMA and the YAKIMA POLICE DEPARTMENT (hereinafter "Settling Defendants") in the matter filed in Yakima County Superior Court, Cause No. 09-2-03457-4; and WHEREAS, Settling Defendants appeared through counsel of record; and WHEREAS, Plaintiff asserted monetary damages, personal injuries, property damage and general damages in the above -referenced action arising out of incidents described in Plaintiff s Complaint filed in Yakima County Superior Court, Cause No. 09-2-03457-4; and WHEREAS, Settling Defendants vigorously deny that they did anything wrong or caused Plaintiff's damages, and that by entering into this agreement, Settling Defendants CITY OF YAKIMA and the YAKIMA POLICE DEPARTMENT do not concede they have any liability, and specifically deny any liability whatsoever for the Plaintiff's claims; and WHEREAS, Plaintiff has authority to enter into this settlement with regard to all property damage and all personal injuries to the Estate of GUILLERMO RAPHAEL AGUILAR, as well as herself, known or unknown, on behalf of all beneficiaries of the estates, subrogated interest -holders, lienholders, including all liens of any insurer, medical care provider of any kind, or attorney; and WHEREAS, the identified parties to this agreement desire to avoid the expense, burden and uncertainty of continued litigation; NOW, THEREFORE, IT IS HEREBY agreed among the parties to this agreement consisting of Plaintiff ANA LUCAS GARCIA and the Settling Defendants CITY OF YAKIMA and the YAKIMA POLICE DEPARTMENT, as follows: Page 1 of 7 1. In consideration of the total payment to Plaintiff ANA LUCAS GARCIA in the amount of One Hundred Fifty Thousand Dollars ($150,000.00), as further detailed below, the Plaintiff agrees that all claims asserted by Plaintiff ANA LUCAS GARCIA as Personal Representative of the Estate of GUILLERMO RAPHAEL AGUILAR asserted against Settling Defendants CITY OF YAKIMA and the YAKIMA POLICE DEPARTMENT may and shall be dismissed with prejudice and without any further cost to any party . Payment shall be made to Smart Connell Childers & Verhulp Trust Account not later than fourteen (14) days after the Yakima City Council approves this settlement, which is scheduled for consideration on November 16, 2010. The terms and effect of this Settlement and Full Release are exclusive only to those claims asserted by ANA LUCAS GARCIA as Personal Representative of the Estate of GUILLERMO RAPHAEL AGUILAR, and shall not have any effect on the claims asserted by plaintiff JUAN ANTONIO HERNANDEZ ORTEGA in the same action pending in Yakima County Superior Court, Cause No. 09-2-03457-4. 2. Plaintiff, her successors, assigns, representatives, agents, spouse, children, employees, attorneys, insurers and any person or persons acting by, through or for her, hereby releases, acquits and forever discharges Settling Defendants CITY OF YAKIMA and the YAKIMA POLICE DEPARTMENT, their successors, assigns, current, former, or future elected or appointed officials, officers, directors, representatives, agents, employees, attorneys, and their spouse(s) or heirs, Cities Insurance Authority of Washington ("CIAW"), and insurers including but not limited to Travelers Insurance Company and all subsidiaries thereof, and any person or persons acting by, for or through them, from all liability, actual or potential, for all claims, damages or demands whatsoever in law or in equity which Plaintiff has ever had, may have, or has claimed, or now claims arose from or in connection with the claims, damages or demands in law or equity arising Page 2 of 7 from the allegations of the complaint filed in Yakima County Superior Court, Cause No. 09-2- 03457-4. Plaintiff also releases in full all claims of whatever kind and description against co- defendant BLAKE YOUNG, understanding that the CITY OF YAKIMA may pursue a claim for contribution against BLAKE YOUNG under RCW 4.22.040. 3. This Settlement and Full Release is expressly intended to cover all damages that are claimed or could have been claimed by the Plaintiff or by the Estate of GUILLERMO RAPHAEL AGUILAR in the above -referenced action. The damages may be more severe or different than those known at this time. These damages include any and all personal injuries alleged by the Plaintiff, including all complaints described in Plaintiffs or GUILLERMO RAPHAEL AGUILAR'S medical records, following the incident described in the Complaint, and any and all property damage associated with that incident. 4. This Settlement and Full Release, and the Mediated Settlement Agreement dated October 28, 2010, a copy of which is attached hereto, contain the entire agreement between the parties, and the terms thereof are contractual and not a mere recital. 5. The parties agree that any and all actions necessary to secure an immediate dismissal with prejudice of the Plaintiffs claims in this lawsuit as against the Settling Defendants CITY OF YAKIMA and the YAKIMA POLICE DEPARTMENT, and a dismissal with prejudice of Plaintiffs claims against co-defendant BLAKE YOUNG shall be taken by the parties, and that each party shall bear its own costs and expenses incurred in connection with such claims and the dismissal thereof. 6. Plaintiff agrees to hold Settling Defendants CITY OF YAKIMA and the YAKIMA POLICE DEPARTMENT and their agents, employees, attorneys, insurers, or representatives thereof (hereinafter Indemnitees) free and harmless from any and all claims relating to Plaintiff s Page 3 of 7 injuries and property damage that have been or may be asserted for any and all liens, including but not limited to, any tortfeasor medical liens, liens of any branch of the government, liens of any and all of Plaintiffs of GUILLERMO RAPHAEL AGUILAR'S insurers, liens of any insurers who may be responsible for payment of Plaintiff's and GUILLERMO RAPHAEL AGUILAR'S medical bills, liens for lost income, liens of any attorney, and liens for any and all claims for doctors, hospitals, or other medical bills, lost wages or any other service (including non-medical service) rendered to Plaintiff or GUILLERMO RAPHAEL AGUILAR arising out of the matters alleged in the Yakima County Superior Court, Cause No. 09-2-03457-4, whether such claims be based on contract, tort or any other theory of law. 7. The Plaintiff also agrees to pay indemnitees any costs or attorneys' fees incurred to establish indemnitees' right of indemnity as set forth herein, including any costs or fees which may be incurred arising out of any lien with regard to Plaintiffs or GUILLERMO RAPHAEL AGUILAR'S injuries or any prior attorneys retained by the Plaintiff as related to the incident described in Plaintiff's complaint referenced above. 8. In further consideration of the payment of said consideration, the Plaintiff agrees to indemnify and hold harmless the CITY OF YAKIMA and/or the CITY's present, former and future elected officials, officers, attorneys, employees, insurers, agents, participants, successors and assigns, and/or the YAKIMA POLICE DEPARTMENT, from any and all liens for medical services and related expenses arising now or in the future from the alleged injuries of Plaintiff or GUILLERMO RAPHAEL AGUILAR resulting from the incident and from the subrogation claim of any third party arising from the alleged injuries of Plaintiff or GUILLERMO RAPHAEL AGUILAR relating to . the incident, which agreement includes, but is not limited to medical expenses, any Medicaid or Medicare lien(s), Social Security, DSHS payments or liens, workers Page 4 of 7 compensation, PIP payments, disability payments, Department of Labor & Industries' payments, or any other payment or benefit which might afford a third party any claim against the consideration paid for this release. Plaintiff agrees to be responsible to satisfy all liens and any outstanding subrogation claims. The Plaintiff, through Plaintiffs attorney Christopher L. Childers, shall satisfy any outstanding medical bills and any other lien(s) or creditors' claims concurrent with the disbursement to Plaintiffs attorney; and before disbursing any funds to Plaintiff, the settlement proceeds shall be held in said Trust Account "Smart Connell Childers & Verhulp Trust Account" until any liens including DSHS are resolved. The Plaintiff warrants that all lienable expenses, and all subrogation claims, and all claims of any other persons or entities legally entitled to share in the proceeds of the settlement have been paid, or will be paid, from the proceeds of the settlement. 9. It is specifically understood and agreed that this Settlement and Full Release is the compromise of a disputed claim and that the payment made herein is not to be construed as an admission of liability on the part of the CITY OF YAKIMA and/or the YAKIMA POLICE DEPARTMENT, and that the CITY OF YAKIMA and the YAKIMA POLICE DEPARTMENT deny liability therefore. This Settlement and Full Release is not intended to be admissible against any party or anyone else as an admission of any liability and/or fault in any matter. Notwithstanding the immediately preceding sentence, this Settlement and Full Release, if otherwise admissible, may be introduced into evidence at any proceeding between or among the parties to enforce its terms. 10. This Settlement and Full Release is made and entered into as a free and voluntary act and has been done only after Plaintiff consulted with her attorney, Christopher L. Childers. Page 5 of 7 11. The undersigned attorney for Plaintiff will see to the proper disbursement of all funds received. 12. The undersigned has full authority to enter into this Settlement and Full Release. DATED this / day of NGI1%E'-VyL}u-,/ , 2010. ANA LUCAS GARCIA as Personal Representative of the Estate of GUILLERMO RAPHAEL AGUILAR STATE OF WASHINGTON ) . ss. COUNTY OF ,___ ) On this I N day of 0 (N(4h/L'Y- , 2010, before me, a Notary Public, personally appeared ANA LUCAS GARCIA, to me known to be the individual described herein, and who executed the foregoing instrument and to me acknowledged that she voluntarily executed the same. Sp:" SA _ ESQ r►"'1 i • ,rf t°,4'�<A;,% G� : • ' Y PUBLIC in and f r the State of N • '% q s Washington, residing at,66/4.1-71/.(i j %,• 11./478,2 4.1%.141�_f My Commission Expires: ?/z 0// z, �i F n,a�a... 0~ ►►4 1 S ``ter DATED'I g` a&#day of Oa- rtit2010. The undersigned counsel of record for Plaintiff will see to the proper disbursement of funds. SMART, CONNELL, CHILDERS & VERHULP CHRISTOPHER L. CHILDERS, WSBA #34077 Attorney for Plaintiff Page 6 of 7 CITY OF YAKIMA By: R.A. Zais, Jr., City Manager ATTEST: CHRISTIE LAW GROUP, PLLC Attorney for City of Yakima and Yakima Police Department Page 7 of 7 MEDIATED SETTLEMENT AGREEMENT Date: October 28, 2010 We, the undersigned parties, hereby enter into this binding agreement to settle any and all claims of -t�c� £sk-u►ht, 0 '►srtin u •• Tdoti�." peritiiaf Ovticcorc� against tti'c.., c r-) ' ox,,bh as cm. cal 0.1 ,-(n ] , their agents and employees and c d ""'� ,� Insurance -Company (les} for injuries and/or a ` damages arising out of an incident occurring "( .. ' County, W a , ^ `-) �- 434‘r4 2 u ° G , for the total sum of A 2' ° ° , ° ° o 3V ocs. CVrta Payment shall be made to SelThe,n-', C dr. rit ti, c !,a J W4 'e r ' later than %. th V n wh v r- C i k� c d v+r+L` <l 9,10 y�ryt l cs 4-t • T gY ,e u 0.,..1 Sri til c sc a-3 tq�r, to tr Claimant and attorney agree to be responsible to satisfy all liens and any outstanding Cl a,r�e c subrogation claims, to executepropriate full and final releases and confirming documents, and m•r t n C Y1, . Erkv+tc cly. w 4 Io. a,n`n to enter an Order of Dismissal With Prejudice and Without Cost in \/t''vi.'^� in On not County Superior Court Nos • ©� 2 o -b a 6 " tr+ r c rn s. oG_ 2- u3Sr- 41 - prepare prepare the final documents to be approved by 'n'''' C Y" ‘dk'�r . Any disputes as to or arising from this Agreement or the above -referenced final documents shall be resolved by David A. Thorner, as the final binding arbitrator. shall Additional terms and conditions: 't`"'-• c"' ""`7 4r° t•A.Evu0.Jce j SvAvelt-xh• � �..M4�c f3�,FG /NA.), so. uucC,nInt ll,t� �ohA k Eu. cr ta-t. 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C kv;alVttVcr\ H�+E— SETTLEMENT AND FULL RELEASE WHEREAS, CELERINA ("SALLY") MENDOZA and JUAN MENDOZA, Co Administrators and Personal Representatives of the ESTATE OF EDGAR TREVINO MENDOZA (hereinafter "Plaintiffs"), as individuals and as Co -Administrators and Personal Representatives of the ESTATE OF EDGAR TREVINO-MENDOZA, brought suit against the CITY OF YAKIMA (hereinafter "Settling Defendant") in the matter filed in Yakima County Superior Court, Cause No. 09-2-03696-8; and WHEREAS, Settling Defendant appeared through counsel of record; and WHEREAS, Plaintiffs asserted monetary damages, personal injuries, property damage and general damages in the above -referenced action arising out of incidents described in Plaintiffs' Complaint filed in Yakima County Superior Court, Cause No. 09-2-03696-8; and WHEREAS, Settling Defendant vigorously denies that it did anything wrong or caused Plaintiffs' damages, and that by entering into this agreement, Settling Defendant CITY OF YAKIMA does not concede it has any liability, and specifically denies any liability whatsoever for the Plaintiffs' claims; and WHEREAS, Plaintiffs have authority to enter into this settlement with regard to all property damage and all personal injuries to themselves, as well as the Estate of Edgar Trevino -Mendoza, known or unknown, on behalf of all beneficiaries of the estates, subrogated interest -holders, lienholders, including all liens of any insurer, medical care provider of any kind, or attorney; and WHEREAS; the identified parties to this agreement desire to avoid the expense, burden and uncertainty of continued litigation; NOW, THEREFORE, IT IS HEREBY agreed among the parties to this agreement Page 1 of 5 consisting of Plaintiffs CELERINA ("SALLY") MENDOZA and JUAN MENDOZA and the Settling Defendant CITY OF YAKIMA, as follows: 1. In consideration of the total payment to Plaintiffs CELERINA ("SALLY") MENDOZA and JUAN MENDOZA in the amount of Two Hundred Eighty Thousand Dollars ($280,000.00), as further detailed below, the Plaintiffs agree that all claims, in their entirety, as asserted against Settling Defendant CITY OF YAKIMA may and shall be dismissed with prejudice and without any further cost to any party. Payment shall be made to MacDonald Hoague & Bayless Trust Account not later than fourteen (14) days after the Yakima City Council approves this settlement, currently set for consideration on November 16, 2010. Counsel for Plaintiffs shall hold Fifty Four Thousand Dollars ($54,000.00) in trust until the DSHS/Medicare and DLUCVC liens are resolved. 2. Plaintiffs, their successors, assigns, representatives, agents, employees, attorneys, insurers and any person or persons acting by, through or for them, hereby release, acquit and forever discharge Settling Defendant CITY OF YAKIMA, its successors, assigns, officers, directors, representatives, agents, employees, attorneys, insurers (including but not limited to Cities Insurance Authority of Washington, Travelers Insurance Company and all subsidiaries thereof), and any person or persons acting by, for or through it (hereinafter the "Released Entities"), from all liability, actual or potential, for all claims, damages or demands whatsoever in law or in equity which Plaintiffs have ever had, may have, or have claimed, or now claim arose from or in connection with the claims, damages or demands in law or equity arising from the allegations of the complaint filed in Yakima County Superior Court, Cause No. 09-2-03696-8. This document has no impact whatever on plaintiffs' separate claims and actions against Blake Young, a co-defendant in the cause listed above, or the State of Washington, a defendant in a separate suit pending under Cause Page 2 of 5 No. 09-2-04655-6. 3. This Settlement and Full Release is expressly intended to cover all damages that are claimed or could have been claimed by the Plaintiffs in the above -referenced action against the Released Entities. The damages may be more severe or different than those known at this time. These damages include any and all personal injuries alleged by the Plaintiffs, including all complaints described in Plaintiffs' medical records, including the medical records of Edgar Trevino Mendoza, following the incident described in the Complaint, and any and all property damage associated with that incident. 4. This Settlement and Full Release is made and entered into as a free and voluntary act and has been done only after Plaintiffs consulted with their attorney, Timothy Ford. 5. This Settlement and Full Release, and the Mediated Settlement Agreement dated October 28, 2010, a copy of which is attached hereto, contain the entire agreement between the parties, and the terms thereof are contractual and not a mere recital. 6. The parties agree that any and all actions necessary to secure an immediate dismissal with prejudice of the Plaintiffs' claims in this lawsuit as against Settling Defendant CITY OF YAKIMA shall be taken by the parties and that each party shall bear its own costs and expenses incurred in connection with such claims and the dismissal thereof. 7. The undersigned have full authority to enter into this Settlement and Full Release. 8. Plaintiffs agree to hold Settling Defendant CITY OF YAKIMA and its agents, employees, attorneys, insurers, or representatives thereof (hereinafter Indemnitees) free and harmless from any and all claims relating to Plaintiffs' injuries and property damage that have been or may be asserted for any and all liens, including but not limited to, any tortfeasor medical liens, liens of any branch of the government, liens of any and all of Plaintiffs' insurers, liens of any Page 3 of 5 insurers who may be responsible for payment of Plaintiffs' medical bills, liens for lost income, liens of any attorney, and liens for any and all claims for doctors, hospitals, or other medical bills, lost wages or any other service (including non-medical service) rendered to Plaintiffs arising out of the matters alleged in the Yakima County Superior Court, Cause No. 09-2-03696-8, whether such claims be based on contract, tort or any other theory of law. 9. The Plaintiffs also agree to pay indemnitees any costs or attorneys' fees incurred to establish indemnitees' right of indemnity as set forth herein, including any costs or fees which may be incurred arising out of any lien with regard to Plaintiffs' injuries or any prior attorneys retained by the Plaintiffs as related to the accident described in Plaintiffs' complaint referenced above. 10. The undersigned attorney for Plaintiffs will see to the proper disbursement of all funds received. DATED this ! 5 day of $.. o U- b 4-- , 2010. CELERINA ("SALLY") NDOZA, in her individual capacity and as Co -Administrator and Personal Representative of the estate of Edgar Trevino -Mendoza STATE OF WASHINGTON ) : ss. COUNTY OF / '/e ) On this /day of � , 2010, before me, a Notary Public, personally appeared CELERINA ("SALLY") MENDOZA, to me known to be the i dividual described herein, and who executed the foregoing instrument and to me acknowlleVC that she voluntarily executed the same. STATE OF WASHINGTON MICHAEL F. SHINN NOTARY PUBLIC COMMISSION EXPIRES FEBRUARY 12,2013 NOTA ' PUBL Was • 'a gton, residing M Commission Expires: e State +f C S Page 4 of 5 DATED this /5 day of IN Wilk bC• , 2010. STATE OF WASHINGTON ) : ss. r / COUNTY OF ' On this (- day of personally appeared JUAN MENDOZA, to who executed the foregoing instrument and same. STATE OF WASHINGTON MICHAEL F. SHINN NOTARY PUBLIC COMMISSION EXPIRES FEBRUARY 12,2013 The undersigned counsel of recor funds. AN MENDOZA, in his individual capacity and as Co -Administrator and Personal Representative of the estate of Edgar Trevino -Mendoza , 2010, before me, a Notary Public, me known to be the individual described herein, and to me acknowledged that he voluntarily executed the NOT W 'YPU,: ICmand o�th- mgton, rest • mg at y Commission Expires: for Plaintiffs will see to the proper disbursement of MacD9la[ALD HOAGUE-e BAYLESS By TIMOTIY K. FO' 1, WSBA #5986 Attorney for Plaintiffs Page 5 of 5 CITY OF YAKIMA By: R.A. Zais, Jr., city Manager ATTEST: City Clerk CHRISTIE L UP, LLC By: obert L. Christie, WSBA No. 10895 Attorney for City of Yakima and Yakima Police Department • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No div For Meeting Of November 16, 2010 ITEM TITLE. Consideration of Resolution authorizing the City Manager of the City of Yakima to execute Settlement and Full Release agreements to settle the lawsuits brought by the Personal Representatives of the Estates of Guillermo Aguilar and Edgar Trevino -Mendoza SUBMITTED BY City Manager's Office and Legal Department CONTACT PERSON/TELEPHONE. Dick Zais, City Manager, 575-6040 Helen A. Harvey, Senior Assistant City Attorney, 575-6030 SUMMARY EXPLANATION This matter is on for consideration of a Resolution authorizing the City Manager to execute two Settlement and Full Release agreements to resolve and settle the lawsuits filed by plaintiffs as Personal Representatives in Yakima County Superior Court Cause No 09-2-03457-4, entitled Ana Lucas Garcia, as Personal Representative of the Estate of Guillermo Aguilar v Blake Young, City of Yakima and Yakima Police Department, and in Yakima County Superior Court Cause No 09-2-03696-8, entitled Celerina ("Sally') Mendoza and Juan Mendoza, Co Administrators and Personal Representatives of the Estate of Edgar Trevino -Mendoza v the City of Yakima, and Blake Young The claims against the City of Yakima settled at a mediation on October 28, 2010, subject to the approval of the Yakima City Council The City's settlement at the mediation in Garcia v City, et al is $150,000, and the City's settlement in Mendoza, et al v City is $280,000, subject to City Council approval These settlement amounts are to be paid by the City's insurance carrier This case was settled in mediation with the assistance of mediator David Thorner of Thorner, Kennedy & Gano of Yakima David Thorner is an experienced attorney and mediator who has served as a mediator in excess of 2,000 cases over a period of 20 years A settlement between the parties was reached, subject to the approval of the Yakima City Council on October 28th Continued on Page 2 Resolution X Ordinance Other (Specify) Contract Mail to (name and address) Phone Funding Source Insurance Carrier APPROVED FOR SUBMITTAL. City Manager STAFF RECOMMENDATION Adopt Resolution • BOARD/COMMISSION/COMMITTEE RECOMMENDATION COUNCIL ACTION Page 2 Attached is a copy of the "Final Mediated Settlement Agreements" dated October 28, 2010 Also attached is a copy of the proposed Settlement and Full Release agreements, which have been forwarded to plaintiffs' attorneys The final form of the Settlement and Full Release agreements will be approved by an attorney in the City Legal Department before execution by the City Manager The background of the lawsuits is as follows The damage claim filed by Juan Hernandez, Jr and on behalf of the Estate of Guillermo Rafael "Bobby" Aguilar on May 18,. 2009, alleged $4 5 million in damages, and plaintiffs' lawsuit was filed on September 18, 2009 The claim of Juan Hernandez, Jr was not part of the October 28th mediation The damage claim filed on behalf of the Estate of Edgar Trevino -Mendoza on May 28, 2009, alleged $1 75 million in damages, and plaintiffs' lawsuit was filed on October 2, 2009 The claims arose from a police pursuit of Blake Young on October 22, 2006, in which a vehicle driven by Blake Young collided with a vehicle driven by Edgar Trevino -Mendoza in the intersection of Nob Hill Boulevard and 48th Avenue in Yakima Edgar Trevino -Mendoza, the driver, Guillermo Aguilar, who was seated in the front right passenger seat, and Juan Hernandez, Jr , who was seated in the back seat, were 19 years old at the time of collision Edgar Trevino -Mendoza and Guillermo Aguilar died as a result of the collision involving the vehicle driven by Blake Young Blake Young, the driver of the stolen vehicle, was convicted by a jury on February 2, 2009, of two counts of second degree murder, one count of vehicular assault, and second degree theft in Yakima County Superior Court. He was sentenced by Judge Lust on March 6, 2009 to approximately 440 months in prison (36 years). He has appealed his conviction Through the mediation process, the case has settled, subject to the approval of the Yakima City Council Staff respectfully requests that the City Council authorize and direct the City Manager of .the City of Yakima to execute both Settlement and Full Release agreements to resolve and settle the lawsuits filed on behalf of the Estate of Guillermo Aguilar and the Estate of Edgar Trevino -Mendoza •