HomeMy WebLinkAbout093-R-1711 /28/2017
93-R-17
A RESOLUTION
Authorizing the Settlement and Release of all Claims in
Yakhnis v, City of Evanston, et ai.
WHEREAS, Case No. 2016-L-10475 in the Circuit Court of Cook County,
County Department, Law Division, concerns a personal injury lawsuit against the City
and one of its employees in connection with a motor vehicle accident; and
WHEREAS, upon- the demand of the City's excess liability insurance
provider ("Excess Liability Insurer"), on November 17, 2017, Plaintiff (a resident of Cook
County, Illinois) and her attorney, counsel for Defendants, and counsel for the City's
Excess Liability Insurer participated in a voluntary mediation of this matter, which
resulted in a tentative settlement; and
WHEREAS, the parties seek to settle and release all claims pursuant to
the terms of a Release and Settlement Agreement ("Settlement Agreement") negotiated
by attorneys of record in this litigation;
WHEREAS, the City's Excess Liability Insurer will pay Plaintiff a
settlement amount of approximately three million and five hundred thousand dollars
($3,500,000.00) ("Insurance Settlement Payment") pursuant to the terms of the
Settlement Agreement; and
WHEREAS, pursuant to the terms of the Settlement Agreement, on
November 28, 2017, Plaintiff obtained an order from the court dismissing with prejudice
all claims brought against all Defendants in Case No. 2016-L-10475; and
93-R-17
WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5
ILCS 120/2(e), the City must approve final action on settlement of this litigation in open
session; and
WHEREAS, pursuant to the terms of the Settlement Agreement and the
City's excess liability insurance policy, the City will pay Plaintiff a settlement amount not
to exceed one million two hundred and fifty thousand dollars ($1,250,000.00) ("City's
Settlement Payment"); and
WHEREAS, issuance of the Insurance Settlement Payment and the City's
Settlement Payment is not an admission of liability.
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City is hereby authorized to approve settlement with
Plaintiff and issue the City's Settlement Payment pursuant to the terms of the
Settlement Agreement. The City's Settlement Payment is not an admission of liability.
SECTION 2: Resolution 93-R-17 shall be in full force and effect from and
after its passage and approval, in the manner provided by law.
Attest:
Devon Reid,
City Clerk
Adopted: 1po"L
, 2017
Steph4n H. 4ayZa or
-2-