HomeMy WebLinkAbout08/20/2013 05M Marina Barajas Lawsuit SettlementBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6-M
For Meeting of: 8/20/2013
ITEM TITLE: Resolution authorizing consent to a settlement entered into
by CIAW and Munich Reinsurance to resolve and settle the
lawsuit brought by the Personal Representative of the Estate
of Marina Barajas.
SUBMITTED BY: Jeffrey R. Cutter, City Attorney
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 Cities. Insurance Association of Washington ( "CIAW ") and reinsurer
Munich Reinsurance to resolve and settle the lawsuit filed by the Personal Representative of the
Estate of and the Mother of Marina Barajas in Yakima County Superior Court Case No. 11 -2-
04214-5 entitled Sergio Valencia, Administrator and Personal Representative of the Estate of
Marina Barajas, and Maria Valencia, Mother of Marina Barajas v. the City of Yakima, and Shaun
Kollman, which will settle all claims by the plaintiffs in this case.
The claim against the City of Yakima was settled by CIAW and Munich Reinsurance through
mediation with mediator David A. Thorner of Thorner, Kennedy & Gano P.S. in Yakima, subject
to the presentation of the settlement before the Yakima City Council. The amount of the
settlement is $400,000, which entire amount is to be paid by CIAW and reinsurer Munich
Reinsurance. The City of Yakima is paying no money toward settlement of the case.
Attached is a copy of Settlement and Release which has been agreed to by plaintiffs' attorney
and which will be signed by plaintiffs. In the settlement agreement, liability for the claims is
denied by the City and the entities being released.
The background of the lawsuit is as follows: The damage claim filed by the plaintiffs on
September 14, 2011 alleged in excess of $7,600,000 in damages, and plaintiffs' lawsuit was
filed against the City of Yakima and codefendant Shaun Kollman on November 28, 2011. The
case is set for trial in February 2014. The plaintiffs also filed a separate lawsuit which is pending
in Thurston County Superior Court Case No. 13 -2- 01109 -1 on May 21, 2013 against the State
of Washington involving allegations against the Washington Department of Corrections.
The claim arose from a police pursuit of Shaun Kollman on June 20, 2010, in which a vehicle
driven by Shaun Kollman collided with a vehicle in which Marina Barajas was a passenger at
the intersection of North 16th Avenue and Englewood Avenue in Yakima. Marina Barajas and
Pasqual Ayala, the driver of the vehicle that Ms. Barajas was in, died as a result of the collision
involving the vehicle driven by Shaun Kollman. The Estate of Pasqual Ayala, represented by a
different attorney, has filed a separate lawsuit in Case No. 11 -2- 02009 -5, which was not part of
the mediation and is pending.
Shaun Kollman, the driver of the stolen vehicle, pled guilty to eleven criminal counts. In the
Felony Judgment and Sentence in the criminal case of State of Washington v. Shaun
Christopher Kollman, Yakima County Superior Court Case No. 10 -1- 01028 -4, Shaun Kollman
was sentenced by a Judge to a total term of confinement of 617 months, which equates to
approximately 51.4 years.
Resolution: X
Other (Specify):
Contract:
Start Date:
Item Budgeted: NA
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Adopt Resolution.
Ordinance:
Contract Term:
End Date:
Amount:
Public Trust and Accountability
City Manager
ATTACHMENTS:
Nerve: Description:
❑ Resolution in Valencia v. City, et al. 8- 20- 2013.docx Resolution
❑ Settlement and Full Release in Valencia v. City, et al.pdf Settlement Agreement
RESOLUTION NO. R -2013-
A RESOLUTION authorizing the City Manager of the City of Yakima to consent to a
settlement entered into by CIAW and Munich Reinsurance to resolve and
settle the lawsuit brought by the Personal Representative of the Estate of
Marina Barajas.
WHEREAS, on November 28, 2011, a lawsuit was filed in Yakima County Superior
Court No. 11 -2- 04214 -5 entitled Sergio Valencia, Administrator and Personal Representative of
the Estate of Marina Barajas, and Maria Valencia, Mother of Marina Barajas v. the City of
Yakima, and Shaun Kollman; and
WHEREAS, through a mediation, a settlement was reached by Cities Insurance
Association of Washington ( "CIAW ") and Munich Reinsurance that will resolve and conclude all
claims in the matter regarding the City of Yakima, subject to the authorization of the Yakima
City Council for the City Manager to consent to the settlement; 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 with the plaintiffs 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 the
Personal Representative of the Estate of and the Mother of Marina Barajas, which settlement
will be paid by CIAW and Munich Reinsurance.
ADOPTED BY THE CITY COUNCIL this day of August, 2013.
Micah Cawley, Mayor
ATTEST:
City Clerk
WHEREAS, SERGIO VALENCIA, Administrator and Personal Representative of the
Estate of Marina Barajas, and MARIA VALENCIA, Mother of Marina Barajas (hereafter referred
to as Plaintiffs) brought claims against the CITY OF YAKIMA (hereafter referred to as Settling
Defendant) in the matter filed in the Superior Court of the State of Washington for Yakima County,
Cause No. 11 -2- 44214 -5; and
WHEREAS, Settling Defendant appeared through counsel of record; and
WHEREAS, Plaintiffs asserted monetary damages, personal injuries, and general damages
in the above-referenced action arising out of the incident described in plaintiffs' Complaint For
Damages For Wrongful Death, Survival and Injury and Death of Child filed in the Superior Court of
the State of Washington for Yakima County, Cause No. 1 1 -204214-5; and
WHEREAS, Settling Defendant vigorously denies that it did anything wrong or caused the
damages claimed, and that by entering into this agreement does not concede it has any liability, and
specifically denies any liability whatsoever for Plaintiffs' claims; and
WHEREAS, Plaintiffs have authority to enter into this Settlement and Full Release with
regard to all special damages, monetary damages, general damages, and all personal injuries or torts
claimed, known or unknown, that can be claimed by them and/or the Estate of Marina Barajas and
any and all existing subrogated interest-holders, all lienholders, including all liens of any insurer,
and all medical care providers of any kind; 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 as follows:
I. In consideration of the total payment to Plaintiffs by the City of Yakima's insurers,
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Cities Insurance of Washington ( 'CIAW") and Munich Reinsurance, in the amount of Four
Hundred Thousand Dollars ($400,000.00), it is agreed that plaintiffs' claims, in their entirety, as
asserted against CITY OF YAKIMA in Plaintiffs' Complaint For Damages For Wrongful Death,
Survival and Injury and Death of Child filed in the Superior Court of the State of Washington for
Yakima County, Cause No. 11-2-04214-5 shall be dismissed with prejudice and released without
any ftuther cost to any party. Payment by Settling Defendant shall be made to "MacDonald Hoague
& Bayless In Trust for SERGIO VALENCIA, Administrator and Personal Representative of the
Estate of Marina Barajas, and MARIA VALENCIA" no later than August 30, 2013. Payment shall
be held in trust pending approval of the Probate Court of this Settlement and Full Release and
disbursement of the settlement funds.
2. Plaintiffs, their successors, assigns, representatives, agents, employees, attorneys,
children, heirs, spouses, beneficiaries, insurers and any person or persons acting by, through or for
them, hereby release, acquit and forever discharge Settling Defendant and any of its successors,
assigns, former, present or future officials, officers, directors, representatives, agents, employees,
attorneys, insurers, the Yakima Police Department, Cities Insurance Authority of Washington
("CIAW"), Munich Reinsurance, and any person or persons acting by, for or through it, 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 arising fi-orn the
allegations in the Complaint For Damages For Wrongful Death, Survival and Injury and Death of
Child filed in the Superior Court of the State of Washington for Yakima County, Cause No. 11 -2-
04214-5.
3. This Settlement and Full Release is expressly intended to cover all damages,
whether known or unknown, asserted or unasserted, that are claimed or could have been claimed by
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Plaintiffs individually and on behalf of any marital communities and on behalf of the Estate of
Marina Barajas (including, but not limited to, for any and all heirs, survivors, dependents or
beneficiaries of Marina Barajas and/or the Estate of Marina Barajas) 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, general damages, economic and non-economic losses alleged
by Plaintiffs and/or the Estate of Marina Barajas, and any and all property damage associated with
the Complaint For Damages For Wrongful Death, Survival and Injury and Death of Child filed in
the Superior Court of the State of Washington for Yakima County, Cause No, 11- 2- 44214-5.
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 attorneys, Timothy K. Ford and
Katherine C. Chamberlain.
5, This Settlement and Full Release, and the Mediated Settlement Agreement signed on
August 5, 2013, contains the entire agreement between the parties, and the terms of this Release are
contractual and not a mere recital.
6, Sergio Valencia, Administrator and Personal Representative of the Estate of Marina
Barajas, shall promptly move the Probate Court for approval of this Settlement and Full Release,
which he and his attorneys will recommend.
7. The parties agree that any and all actions necessary to secure dismissal with
prejudice of Plaintiffs' claims in this lawsuit against the CITY OF YAKIMA shall be taken by the
parties and that each party shall bear its own cost and expense incurred in connection with such
claims and the dismissal thereof.
8. Plaintiffs agree to hold Settling Defendant CITY OF YAKIMA and its agents,
employees, attorneys, insurers, or representatives thereof (hereinafter Indeninitees) free and
10024,1 ghl32202
harmless fi-om any and all claims relating to Plaintiffs' alleged injuries and damages that have been
or may be asserted for tortfeasor medical liens, liens of any branch of the government, liens of any
and all of Plaintiffs' and/or Marina Barajas' insurers, liens of any insurers who may be responsible
for payment of Plaintiffs' and/or Marina Barajas' medical bills, liens for lost income, liens of any
and all of Plaintiffs' attorneys, 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
and/or Marina Barajas arising out of the matters alleged in the Complaint For Damages For
Wrongful Death, Survival and Injury and Death of Child filed in the Superior Court of the State of
Washington for Yakima County, Cause No. 11-2-04214-5, whether such claims be based on
contract, tort or any other theory of law. Plaintiffs are responsible for satisfying all liens and
outstanding subrogation claims.
9. Plaintiffs also agree to pay Indemnitees any costs or attorneys' fees incurred to
establish an 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' and/or Marina Barajas' injuries or
any prior attorneys retained by Plaintiffs as related to the incident described in plaintiff s Complaint
referenced above. If the Settling Defendant is contacted by a lien holder or subrogation claimant,
Settling Defendant will promptly provide written notice to Plaintiff and Plaintiffs counsel to avoid
incurring unnecessary fees or costs.
10. 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 its employees, and that the
CITY OF YAKIMA denies liability therefor. 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
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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, Undersigned counsel for plaintiffs will see to the proper disbursement of all funds.
DATED this day of 2013.
_(name), _(title)
CITY OF YAKIMA
STATE OF WASHINGTON )
: ss.
[CIRRIMM "t
On this day of , 2013, before me, a Notary Public,
personally appeared to me known to be the individual described herein, and
who executed the foregoing instrument and to me acknowledged that he voluntarily executed the
same,
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
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10024 A gh132202
STATE OF WASHINGTON )
M1
*011JININW&SIN
On this day of .. - -., 2013, before me, a Notary Public,
personally appeared SERGIO VALENCIA to me known to be the individual described herein, and
who executed the foregoing instrument and to me acknowledged that he voluntarily executed the
same.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
MARIA VALENCIA, Mother of Marina Barajas
STATE OF WASHINGTON )
: ss.
COUNTY OF
On this day of ) 2013, before me, a Notary Public,
personally appeared MARIA VALENCIA 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.
of funds.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
The undersigned counsel of record for plaintiffs will see to the proper disbursement
By
TIMOTHY K. FORD, WSBA 45986
KATHERINE C. CHAMBERLAIN, WSBA #40014
Attorney for Plaintiffs
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