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Home My WebLink AboutR-2014-076 Settlement of Lawsuit with Lolita Farnsworth RESOLUTION NO. R- 2014 -076 A RESOLUTION authorizing the City Manager of the City of Yakima to consent to a settlement entered into by St. Paul Fire and Marine Insurance Company/The Travelers Companies, Inc. ( "Travelers ") to resolve and settle the lawsuit brought by Lolita Farnsworth. WHEREAS, on September 7, 2011, a lawsuit was filed in Yakima County Superior Court Case No 11 -2- 03172 -1 entitled Lolita Farnsworth v. City of Yakima; and WHEREAS, through a mediation, a settlement was reached by insurer Travelers 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 insurer Travelers, 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 Travelers with 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 Travelers to resolve and settle the lawsuit brought by Lolita Farnsworth, which settlement will be paid by Travelers. ADOPTED BY THE CITY COUNCIL this 17 day of June, 2014. ri2ea Micah C ley, Mayor AV EST: . / IF City Clerk y � • • t i i W P5 SETTLEMENT AGREEMENT 1. Release For the value of THREE HUNDRED THOUSAND DOLLARS ($300,000), I forever release the CITY OF YAKIMA, CITIES INSURANCE ASSOCIATION OF WASH- INGTON, THE TRAVELERS INSURANCE COMPANY, and their respective past, present and future agents, employees, assigns, officers, shareholders, owners, members, predecessors, successors, attorneys, and related entities, from all claims and causes of action, which may ever be asserted by the undersigned, her executors, administrators, successors, assigns, attorneys, or others, whether presently known or unknown, which in any way arise out of or are related to a fall accident on or about September 15, 2008, and which is, or could have been, the subject of Yakima County Superior Court Cause No. 11 -2- 03172 -1 and /or a City of Yakima Claim for Damages filed October 20, 2008 by me. 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 fall accident including, but not limited to, wrongful death claims, attorney's fees, and costs. 2. Indemnification for Subrogation and Lien Claims, and Hold Harmless The undersigned represents 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 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 parties released, the CITY OF YAKIMA, CITIES INSURANCE ASSOCIATION OF WASH- INGTON, THE TRAVELERS INSURANCE COMPANY, and their respective past, present and future agents, employees, assigns, officers, shareholders, owners, members, predecessors, successors, attorneys, and related entities, from and against all lien and subrogation claims, and any claim, cross claim, counterclaim or third party claim arising from 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 or lien claims of the undersigned's health care providers, insurance carriers, the 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 Compensa- Settlement Agreement - 1 of 3 tion program. The released parties retain the right to monitor the defense of any such claim or action. 3. Warranty of Capacity to Execute Agreement The undersigned warrants 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 she has the sole right and exclusive authority to execute this Settlement Agreement and receive the sums specified in it. The undersigned shall defend and indemnify the parties released should any other person or entity claim to have an interest in the claims and injuries described in this Settlement Agreement. 4. Governing Law This Settlement Agreement shall be construed and interpreted according to the laws of the State of Washington. 5. Denial of Liability This Agreement expresses the full and complete settlement of all liability claims. Liability for such claims is expressly denied by the parties released. Regardless of the - adequacy of the above consideration. the acceptance of this release shall not operate as an admission of liability on the part of the parties released. 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 OUT 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 KNOWINGLY MADE. THIS SETTLEMENT AGREE- MENT IS ENTERED AFTER CONSULTATION WITH MY ATTORNEY MISTEE R. VERHULP. Settlement Agreement - 2 of 3 1‘QyY DATED THIS day of Ju�#e, 2014. 4 ,r 11440/%4�•._ Lolita Farnsworth, Plaintiff • STATE OF UV �,5h Itnyr r ) : ss: County of y Cc,Y -na. ) On this day personally appeared before me LOLITA FARNSWORTH, to me known to be the individual described in and who executed the within and foregoing Settlement Agreement, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this y 30 day of 414 2014. PaanA Sin ChtVir ,.\\\"" NOTARY PUBLIC P�`.A „ / / / /i `\”" `",,,, Residing at: o �5 ojARy Gp�N, � My Commission xpires: 011(:)(-1001 � s cc° - ,z ,, . = O '. �' 0 8 -04 O= i'OF\W PN 5 \ \\�� Settlement Agreement - 3 of 3 f� F x .11 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.B. For Meeting of: June 17, 2014 ITEM TITLE: Resolution authorizing consent to a settlement entered into by St. Paul Fire and Marine Insurance Company/The Travelers Companies, Inc. ( "Travelers ") to resolve and settle the lawsuit brought by Lolita Farnsworth. SUBMITTED BY: 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 Travelers to resolve and settle the lawsuit filed by Lolita Farnsworth on September 7, 2011 in Yakima County Superior Court Case No. 11 -2- 03172 -1 entitled Lolita Farnsworth v. City of Yakima, and to settle all claims by the plaintiff. The claim against the City of Yakima was settled by Travelers through mediation with mediator Frank R. Hoover of Law Offices of Frank Hoover, P.S., subject to the presentation of the settlement before the Yakima City Council. A copy of the Settlement Agreement is attached. The amount of the settlement is $300,000, which entire amount is to be paid by the City's insurance carrier Travelers. The City of Yakima is paying no money toward settlement of the case. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source /Fiscal Impact: Strategic Priority: Public Trust and Accountability Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type ❑ Resolution 6/6/2014 Resolution El 6/6/2014 Agreement Between Farnsworth and 6/6/2014 Backup Material City