IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the Jackson County Counselor to settle the lawsuit styled Jean Danbury v. Jackson County, Case No. 16-CV96-23012, now pending in the Circuit Court of Jackson County, Missouri, for a total payment of $8,143.75.
Intro
RESOLUTION # 13001, December 13, 1999
INTRODUCED BY Victor E. Callahan, County Legislator
Body
WHEREAS, there is now pending in the Circuit Court of Jackson County, Missouri, the case of Jean Danbury v. Jackson County, Case No. 16-CV96-23012, wherein the plaintiff, a visitor to a Jackson County Park, seeks damages against the County relative injuries allegedly suffered in a fall within a County Park; and,
WHEREAS, a trial court verdict in favor of the County in this case was reversed on appeal on an evidentiary ruling; and,
WHEREAS, the parties subsequently agreed to mediation; and,
WHEREAS, as a result of the mediation the Jackson County Counselor has recommended that it is in the best interest of the health, welfare, and safety of the citizens of Jackson County that all of the plaintiff's claims be settled for the total payment of $8,143.75, allocated as $7,650.00 to plaintiff and her attorney and $493.75 to the mediator, as more specifically explained and detailed to the Jackson County Legislature by the County Counselor in closed session related to this litigation; 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 case of Jean Danbury v. Jackson County, Case No. 16-CV96-23012, now pending in the United States District Court for the Western District of Missouri, for a total payment of $8,143.75, in full, final, and complete release of Jackson County and all of its employees, officers, agents, and servants; 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 Manager of the Division of Finance is authorized to issue checks of Jackson County, Missouri, in the total amount of $8,143.75 pursuant to instructions of the Jackson 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:
__________________________ ____________________________________
County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution #13001 of December 13, 1999, was duly passed on ___________December 13_______________, 1999 by the Jackson County Legislature. The votes thereon were as follows:
Yeas ________8_________ Nays ______0_______
Abstaining ______0_______ Absent ______1_______
______________________ ____________________________________
Date Mary Jo Brogoto, Clerk of Legislature
Fiscal Note
Funds sufficient for this expenditure are available from the source indicated below.
ACCOUNT NUMBER: 060-5160-6380
ACCOUNT TITLE: Self Insurance Fund
Non Departmental
Uninsured Claims
NOT TO EXCEED: $8,143.75
Date Director of the Department of Finance