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