HomeMy WebLinkAboutR-2021-046 Settlement Agreement for Lawsuit Brought by Tamara and Thomas FischerRESOLUTION NO. R-2021-046
A RESOLUTION authorizing a conditional settlement agreement entered into by Cities
Insurance Association of Washington ("CIAW") and Munich Reinsurance to
resolve and settle the lawsuit brought by Tamara Fischer and Thomas
Fischer
WHEREAS, on August 28, 2018, a lawsuit was filed in Yakima County Superior Court
Case No 18-2-02424-39 entitled Tamara L. Fischer and Thomas Fischer ("Plaintiffs") v Michael
Harness and City of Yakima, and
WHEREAS, through a mediation, a settlement was reached between CIAW and Munich
Reinsurance and the plaintiffs to resolve and conclude all claims in the matter; and
WHEREAS, in the CR 2A Memorandum of Settlement Agreement, Plaintiffs agreed to
execute a Settlement and Full Release of all claims upon approval of the proposed settlement by
the Yakima City Council, and
WHEREAS, the entire amount of the settlement is to be paid by CIAW and 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 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 Tamara L Fischer and Thomas Fishcer,
which settlement will be paid by CIAW and Munich Reinsurance 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 6th day of April, 2021.
ATTEST
Sonya CI a Tee, City Cler
vd2l'
Patricia Byers, yor
•
CR 2A Memorandum of Settlement Agreement
On March 23, 2021, the parties engaged In mediation of the matter Tamara and Thomas
Fischer v. City of Yakima and Michael Harness, Yakima County Superior Court Cause No. 18-2-
02424-39, via Zoom with mediator Teresa Wakeen. Pursuant to the agreement reached at that
mediation, the parties hereby reached the following global settlement agreement:
1. On behalf of the City of Yakima, Its Insurer Clear Risk Solutions agrees to pay plaintiffs
Tamara Fischer and Thomas Fischer one million seven hundred and fifty thousand dollars
($1,750,000.00) in exchange for plaintiffs' complete release of all claims against the City
of Yakima;
2. This settlement is subject to approval by the Yakima City Council, which is expected to
convene on this matter In early- to mid -April of 2021;
3. If the Yakima City Council approves this settlement, the plaintiffs agree to execute a
Settlement and Full Release of all of the claims plaintiff has asserted or could assert In the
matter Tamara and Thomas Fischer v. City of Yakima and Michael Harness, Yakima County
Superior Court Cause No. 18-2-02424-39 against the City of Yakima;
4. The Settlement and Full Release will include an indemnification and hold harmless
agreement releasing the City of Yakima and all its employees and agents from any and all
liens that may be asserted as a result of the matter Tamara and Thomas Fischer v. City of
Yakima and Michael Harness, Yakima County Superior Court Cause No. 18-2-02424-39,
including any and all liens of any Insurer, any and all medical provider of any kind,
Medicare/Medicaid, and attorneys;
5. Clear Risk Solutions will utilize best efforts to expedite the delivery of the settlement
check, although it is not in a position to guarantee the date of delivery;
6. Plaintiffs further agrees to enter a stipulated order dismissing all claims against the City
of Yakima with prejudice In the matter Tamara and Thomas Fischer v. City of Yakima and
Michael Harness, Yakima County Superior Court Cause No. 18-2-02424-39, with each
party bearing their own costs; and
7. Plaintiffs have entered into a separate agreement with defendant Michael Harness that
Is part of this global agreement, but which be addressed by a separate CR 2A agreement
between those parties.
8. Any dispute regarding the terms to be contained In the Settlement and Full Release will
be mediated by Teresa Wakeen.
Signed this 23rd day of March, 2021.
Tamara Fischer
Plaintiff
Scott Brumback
Attorney for Plaintiffs
Thomas Fischer
Plaintiff
Ann Trivett
Attorney for Defendant City of Yakima
CITY CONTRACT NO.)V 2 I- V SO
RESOLUTION NO:g^ a0 aI -UNlD
1
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.K.
For Meeting of: April 6, 2021
Resolution authorizing a settlement agreement by Cities Insurance
Association of Washington ("CIAW") and Munich Reinsurance to
resolve and settle the lawsuit brought by Tamara Fischer and
Thomas Fischer
SUBMITTED BY: Ryan Bleek, 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 Munich Reinsurance to resolve and settle the lawsuit filed
by Tamara Fischer and Thomas Fischer on August 28, 2018 in Yakima County Superior Court
Case No. 18-2-02424-39 entitled Tamara L. Fischer and Thomas Fischer v. Michael Harness
and Jane Doe Harness; and City of Yakima, and to settle all claims by the plaintiffs.
The claim against the City of Yakima was settled by CIAW and Munich Reinsurance through
mediation with mediator Teresa Wakeen of Wakeen & Associates, subject to the approval of the
settlement before the Yakima City Council at a City Council business meeting. A copy of the
Memorandum of Settlement Agreement is attached. The amount of the settlement is $1,750,000,
which entire amount is to be paid by CIAW and Munich Reinsurance. The City of Yakima has
already paid its deductible for this claim and is paying no money toward settlement of the case.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date
D resolution 3/30/2021
0settlement Aer ment 3/24/2021
Type
emo
ackup Material
2
Contrmcd CR 2A Settlement AgranmeAL Fischer -
Yakima
3'242021 Backup lnlaterial