IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the County Counselor to execute a Memorandum of Understanding relating to the settlement of the case of Elsea v. Jackson County, No. 1016-CV159756, now pending in the Circuit Court of Jackson County, Missouri, at no cost to the County.
Intro
RESOLUTION NO. 19272, September 26, 2016
INTRODUCED BY Dennis Waits, County Legislator
Body
WHEREAS, there is now pending in the Circuit Court of Jackson County, Missouri, the case of Elsea v. Jackson County, No. 1016-CV159756, in which the plaintiffs, a class of persons who spent at least a defined period of time in the Jackson County Courthouse in Kansas City, MO, prior to 2007, are seeking relief, including medical monitoring, against the County and other named defendants, for possible exposure to asbestos in the courthouse; and,
WHEREAS, the other defendant is U.S Engineering, which performed a retrofit project at the courthouse during the 1980's that is alleged to have released asbestos into the courthouse's air handling system that has caused damage to class members; and,
WHEREAS, U.S. Engineering's work on this project was covered by one or more insurance policies which included Jackson County as an additional or named insured; and,
WHEREAS, the parties to this matter have agreed upon a settlement of the claims against Jackson County only, that will eliminate the County's risk of financial exposure; and,
WHEREAS, the County Counselor recommends that he be authorized to execute a Memorandum of Understanding regarding this settlement as in the best interests 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 execute a Memorandum of Understanding, and any other necessary documents, relating to the settlement of the case of Elsea v. Jackson County, No. 1016-CV1...
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