IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Counselor to settle the claims of Thomas and Shirley Gregory in the case styled Thomas and Shirley Gregory v. Jackson County, Missouri, et al., Case No. 0816-CV09099, now pending in the Circuit Court of Jackson County, Missouri at Independence, for a total payment by the County of $25,000.00.
Intro
RESOLUTION #17028, October 5, 2009
INTRODUCED BY Scott Burnett, County Legislator
Body
WHEREAS, Thomas and Shirley Gregory have filed a lawsuit, styled Thomas and Shirley Gregory v. Jackson County, Missouri, et al., Case No. 0816-CV09099, now pending in the Circuit Court of Jackson County, Missouri at Independence, seeking compensation for damages for a laceration to Thomas Gregory's ear requiring surgery which resulted from an injury within a Jackson County Park; 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 Thomas and Shirley Gregory, plaintiffs, and their counsel, John Turner, Esquire, of Turner & Sweeney, counsel for Plaintiffs; 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 Thomas and Shirley Gregory in the lawsuit styled Thomas and Shirley Gregory v. Jackson County, Missouri, et al., Case No. 0816-CV09099, 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 checks in an amount totaling $25,000.00, 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:
________________________________ _______________________________
Deputy/Assistant County Counselor Acting County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution #17028 of October 5, 2009, was duly passed on October 5, 2009 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