IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Counselor to settle the claims of Nathan Parks in the case styled Nathan Parks v. Ford Motor Company, et al., Case No. 0816-CV00669, now pending in the Circuit Court of Jackson County, Missouri at Independence, for a total payment by the County of $27,500.00.
Intro
RESOLUTION #16817, February 2, 2009
INTRODUCED BY Dennis Waits, County Legislator
Body
WHEREAS, Nathan Parks has filed a lawsuit, styled Nathan Parks v. Ford Motor Company, et al., Case No. 0816-CV00669, now pending in the Circuit Court of Jackson County, Missouri at Independence, seeking compensation for damages he allegedly incurred due to a dangerous condition to Milton Thompson Road, causing the death of his wife, Kora Parks; and,
WHEREAS, after a thorough investigation and negotiations, the County Counselor recommends a settlement in the amount of $27,500.00 to be paid by the County to Nathan Parks, plaintiff, and Shamberg, Johnson and Bergman, Chartered, The Stanley Law Firm, LLC, and Hunter and Nantz, LLC, counsel for Plaintiff; and,
WHEREAS, the proposed settlement agreement 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 Nathan Parks in the lawsuit styled Nathan Parks v. Ford Motor Company, et al., Case No. 0816-CV00669, by the total payment of $27,500.00, 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 checks in an amount totaling $27,500.00, in full and complete settlement of this claim, 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 County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution #16817 of February 2, 2009, was duly passed on February 2, 2009 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _________5___________ Nays _________0__________
Abstaining _______0_______ Absent _______4__________
_______________________ ________________________________
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: $27,500.00
_______________________ _________________________________
Date Director of Finance and Purchasing