Item Coversheet

BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT

Item No. 4.L.
For Meeting of: May 18, 2021

ITEM TITLE:Resolution authorizing a settlement agreement by Cities Insurance Association of Washington (“CIAW”) and Munich Reinsurance to resolve and settle the claims brought by Daniel and Lynnette Haller, Kimberly Johnson, and Jack Gabbard as personal representative of the estate of Alene Gabbard
SUBMITTED BY:Ryan Bleek, Assistant City Attorney
SUMMARY EXPLANATION:

This matter is on for consideration of a Resolution consenting to a settlement entered into by CIAW and Munich Reinsurance to resolve and settle the claims brought by Daniel and Lynnette Haller, Kimberly Johnson, and Jack Gabbard as personal representative of the estate of Alene Gabbard.  These individuals were among several plaintiffs named in a lawsuit filed on May 30, 2019 in Yakima County Superior Court Case No. 19-2-01934-39, entitled Haywire Outfit, Inc., et al. v. City of Yakima, et al.

 

The claims of the above-named plaintiffs against the City of Yakima were settled by CIAW and Munich Reinsurance through a mediation held on April 19, 2021, subject to the approval of the contingent settlement agreement before the Yakima City Council at a City Council business meeting.  A copy of the agreement is included.

 

The aggregate amount to be paid on behalf of the City of Yakima towards settlement of plaintiffs’ claims is $110,500, all of which shall be paid by the City’s insurance through CIAW and Munich Reinsurance.  The City of Yakima has already paid its deductible for this claim and is paying no money toward settlement of plaintiffs’ claims. Additionally, as is outlined in the contingent settlement agreement, defendant City of Union Gap will be contributing to the total settlement amount for the above claims.

 

Because the mediation did not result in settlement with all plaintiffs party to the lawsuit, the suit will not be dismissed in its entirety at this time. 

ITEM BUDGETED:
STRATEGIC PRIORITY:Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution
ATTACHMENTS:
DescriptionUpload DateType
Resolution - Plaintiff's Group 1 Settlement 5/5/2021Resolution
Contingent Settlement Agreement5/6/2021Contract