File #: 16749    Version: 0 Name: settle lawsuit Farmers Insurance v. JaCo
Type: Resolution Status: Passed
File created: 10/27/2008 In control: County Legislature
On agenda: 10/27/2008 Final action: 10/27/2008
Title: A RESOLUTION authorizing the County Counselor to settle the lawsuit styled Farmers Insurance Company v. Jackson County, MO, No. 0716-CV37254, now pending in Circuit Court of Jackson County, Missouri, for the payment of $50,000.00.
Sponsors: Dan Tarwater III
Indexes: CIRCUIT COURT, Lawsuit, SETTLEMENT OF CLAIM
Attachments: 1. 16749 adopted
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI


Title
A RESOLUTION authorizing the County Counselor to settle the lawsuit styled Farmers Insurance Company v. Jackson County, MO, No. 0716-CV37254, now pending in Circuit Court of Jackson County, Missouri, for the payment of $50,000.00.


Intro
RESOLUTION #16749, October 27, 2008

INTRODUCED BY Dan Tarwater, County Legislator


Body
WHEREAS, there is pending in the Circuit Court of Jackson County, MO, as Case No. 0716-CV37254, the case of Farmers Insurance Company v. Jackson County, MO; and,

WHEREAS, in this case the plaintiff, Farmers Insurance Company, alleges that Jackson County is liable to it for damages caused by a fire at Farmers' insured premises, the Interstate Building, 417 E. 13th Street, Kansas City, MO; and,

WHEREAS, Farmers alleges that the fire in question was caused by the negligence of a County employee who was smoking in a storage area leased to the County; and,

WHEREAS, the County has disputed this allegation; and,

WHEREAS, after discovery and mediation, the County Counselor recommends that this lawsuit be settled by the County's payment of $50,000.00, in exchange for a full and complete release of all claims; and,

WHEREAS, the recommended settlement is in the best interest of the health, welfare, and safety 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 lawsuit styled Farmers Insurance Company v. Jackson County, MO, now pending as Case No. 0716-CV37254, in the Circuit Court of Jackson County, Missouri; and,

BE IT FURTHER RESOLVED by the County Counselor and any and all other County officials be and hereby are authorized to execute any and all documents necessary to give legal effect to this settlement; and,

BE IF FURTHER RESOLVED that the Director of the Department of Finance and Purchasing be and hereby...

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