File #: 17264    Version: 0 Name: settling the claims of Andrew Westphal
Type: Resolution Status: Passed
File created: 4/26/2010 In control: County Legislature
On agenda: 4/26/2010 Final action: 4/26/2010
Title: A RESOLUTION authorizing the County Counselor to settle the claims of Andrew Westphal in the case styled Andrew Westphal v. Jackson County, MO, Case 0716CV-25056, now pending in the Circuit Court of Jackson County, Missouri, for a total payment by the County of $5,893.59.
Sponsors: Scott Burnett
Indexes: CIRCUIT COURT, SETTLEMENT OF CLAIM
Attachments: 1. 17264adopt.pdf
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI


Title
A RESOLUTION authorizing the County Counselor to settle the claims of Andrew Westphal in the case styled Andrew Westphal v. Jackson County, MO, Case 0716CV-25056, now pending in the Circuit Court of Jackson County, Missouri, for a total payment by the County of $5,893.59.


Intro
RESOLUTION #17264, April 26, 2010

INTRODUCED BY Scott Burnett, County Legislature


Body
WHEREAS, Andrew Westphal has filed a lawsuit, styled Andrew Westphal v. Jackson County, MO, Case No. 0716CV-25056, now pending in the Circuit Court of Jackson County, Missouri, seeking compensation for damages for personal injuries he allegedly incurred due to the dangerous condition of the County's property, namely a downed stop sign; and,

WHEREAS, the County's liability for the dangerous condition was determined in a prior lawsuit, 03CV227493 - Douglas A Hensley Jr., v. Justin L Strait et al; and,

WHEREAS, after a thorough investigation and negotiations, the County Counselor and special counsel recommend a settlement, whereunder the amount of $5,893.59 would be paid by the County to Andrew Westphal; 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 Andrew Westphal in the lawsuit styled Andrew Westpahl v. Jackson County, MO, et al., Case No. 0716-CV25056, by the total payment of $5,893.59.00, 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 Pur...

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