File #: 17426    Version: 0 Name: settle the claims of Louella Wilkins
Type: Resolution Status: Passed
File created: 11/29/2010 In control: County Legislature
On agenda: 11/29/2010 Final action: 11/29/2010
Title: A RESOLUTION authorizing the County Counselor to settle the claims of Louella Wilkins in the case styled Louella Wilkins vs. Jackson County, MO, Case 0816-CV19031, now pending in the Circuit Court of Jackson County, Missouri, for a total payment by the County of $25,000.00.
Sponsors: Henry C. Rizzo
Indexes: CIRCUIT COURT, SETTLEMENT OF CLAIM
Attachments: 1. 17426adopt.pdf
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
 
Title
A RESOLUTION authorizing the County Counselor to settle the claims of Louella Wilkins in the case styled Louella Wilkins vs. Jackson County, MO, Case 0816-CV19031, now pending in the Circuit Court of Jackson County, Missouri, for a total payment by the County of $25,000.00.
 
 
Intro
RESOLUTION #17426, November 29, 2010
 
INTRODUCED BY Henry C. Rizzo, County Legislator
 
 
Body
WHEREAS, Louella Wilkins has filed a lawsuit, styled Louella Wilkins vs. Jackson County, MO, Case 0816-CV19031, now pending in the Circuit Court of Jackson County, Missouri, seeking compensation for damages for personal injuries allegedly incurred due to a fall in a County stairwell; and,
 
WHEREAS, after a thorough investigation and negotiations, the County Counselor recommends a settlement in the amount of $25,000.00 to be paid by the County to Louella Wilkins through her attorney, Christopher Wirken; and,
 
WHEREAS, the proposed settlement is in the best interest of the health, safety, and welfare of the citizens of Jackson County; now therefore,
 
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the County Counselor be and hereby is authorized to settle the claims of Louella Wilkins in the lawsuit  styled  Louella Wilkins vs. Jackson County, MO, Case 0816-CV19031, by the total payment of $25,000.00, in full, final and complete release of all of the claims against the County and all of its employees, officers, agents, and servants, as to any damages incurred; and,
      
BE IT FURTHER RESOLVED that the County Counselor be and hereby is authorized to execute any and all documents necessary to effect this settlement; and,
 
BE IT FURTHER RESOLVED that the Director of Finance and Purchasing be and hereby  is authorized to issue a check or checks in an amount totaling $25,000.00 in full and complete settlement of this claim, payable to Louella Wilkins and/or her attorney, Christopher Wirken, pursuant to the specific direction of the County Counselor.
 
 
 
Enacted and Approved
Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
 
APPROVED AS TO FORM:
___________________________            _______________________________
Chief Deputy County Counselor                  Acting County Counselor
 
Certificate of Passage
 
      I hereby certify that the attached resolution, Resolution #17426 of November 29, 2010, was duly passed on November 29, 2010 by the Jackson County Legislature. The votes thereon were as follows:      
 
      Yeas_________7_________            Nays_________0_________
 
      Abstaining_______0_______            Absent_______2_________
 
 
____________________                        _______________________________
Date                                          Mary Jo Spino, Clerk of Legislature
 
Fiscal Note
There is a balance otherwise unencumbered to the credit of the appropriation to which the expenditure is chargeable and there is a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made each sufficient to provide for the obligation herein authorized.
 
ACCOUNT NUMBER:      060      5160      56380
ACCOUNT TITLE:            Self Insurance Fund
                        Non-Departmental
                        Uninsured Claimants
NOT TO EXCEED:            $25,000.00
 
                              
_______________________                  _______________________________
Date                                          Director of Finance and Purchasing