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HomeMy WebLinkAbout5.4 Authorize a motion to approve settlement agreement and general release - Eric T. Jakubowski 7/16/2019 BoardDocs®Pro IL Agenda Item Details Meeting Jul 16, 2019 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE - 7:00 . Category 5. CONSENT AGENDA Subject uthorize a motionrove a SettlementAgreement eneral Release in the matter of Eric T. J kubowski vs. Hanna Burzynska,, Ciorba Group., Inc and the Village o Mount Prospect. Access lic Tye Action (Consent) Preferred to Jul 16, 2019 Absolute Date Jul 16, 2019 Dollar Amount 200,,000.00 Budgeted Yes Budget orce Risk Managementn Recommended Action Authorize a motionrove a SettlementAgreement General Release in the matter f Eric T. Jakubowski vs. Hanna Burzynska., Ciorba Group, Inc and the Village Mount Prospect. Public Content Information II parties of the above referenced litigation participated in a settlement i tion on July 11th. The mediation was facilitated by retired Judge Williamlisi. As a result of mediation, The Village of Mount Prospect has reached n agreement resolve J kubowski v. Village of Mount Prospect, et al,. The two-year-old lawsuit rose from fatal accident occurred when a driver struck a bicyclistwho was attemptingo cross Central Road usingthe crosswalk at Weller Lane. Under the terms of the settlement ree , the Village will pay the Estate of Joni Beaudry $200,000 in exchange for the plaintiff dismissingthe lawsuit with prejudice. The Villpayment represents slightly more than % of the total settlement value the agreements reached II the parties. Under the terms of the agreement there i no admission of any wrongdoing r liability by the Village of Mount Prospect. This settlement servesthe best interests of the Village in several ways. First, Judge Gomolinski indicated ri the mediation that the most recent Cook Countyjury awards for wrongful death cases decided in favor of a plaintiff run to millions of dollars. If the case went to trial, the illexposure with an adverse verdict would havebeen considerable. Secon , the cost of the Village preparing for and tryingc - which probably would have lasted two weeks - would havec settlement amount. Third, a prolongedtrial likely would havee publicized n ion I for all involved. Settlementthis time allow the parties to bringtragic event to closure. Alternatives . Authorize a motionprove a SettlementAgreement General Release in the matter of Eric T. Jakubowski vs. Hanna urzynska, Ciorba Group,, Inc. and the Village of MountProspect in an amount not to exceed $200,000. . Action at discretionill r . https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 1/2 7/16/2019 BoardDocs®Pro RecommendationStaff Authorize i rySettlement Agreement r I Release in the matter of Eric T. Jakubowski v . Hanna rzyska, Ciorba Group., Inc. and the Village of MountProspect in an amount not to exceed $200,000. Village _ a ku bows ki Litigation—Settlement Agreement. Administrative Content Executive Content All items under Consent Agenda areconsidered routine by the Village Board andwill be enacted by one motion. There will be no separate discussion of those items unless a Boardr or member from the audience so requests, in which the item will be removed from the Consent Agenda and considered in its sequence on the agenda. https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 2/2 IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPATMENT,LAW DIVISION ERIC T.JAKUBOWSKI, ) As Administrator of the Estate of ) JONI BEAUDRY, deceased, ) Plaintiff, ) Case No. 17 L 471 Consolidated with Vs. ) Case No. 17 L 5881 HANNA BURZYNSKA, ) Judge Flanagan CIORBA GROUP,INC. and ) VILLAGE OF MOUNT PROSPECT, ) A Municipal Corporation, ) Defendants. ) SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreement") is made and entered into this day of July, 2019, by and between the following parties: Eric T. Jakubowski ("Plaintiff'), as Administrator of the Estate of Joni Beaudry, deceased, and the Village of Mount Prospect, Illinois ("Village") (collectively"Parties"). Preamble WHEREAS, Plaintiff filed a first amended complaint against Hanna Burzynska, Ciorba Group, Inc. and the Village on May 21, 2017 and said case is pending in the Circuit Court of Cook County, Illinois, Law Division as Case No. 17 L 471 (the "Lawsuit"); and WHEREAS, Plaintiff asserted state law claims against the Village as set forth more particularly in the pleadings in the Lawsuit, which claims the Village has denied and continues to deny; and WHEREAS, it is now the desire of Plaintiff and the Village to fully and finally resolve and settle the Lawsuit, their respective claims, which exist between them and any and all other 1 claims or matters which may exist or arguably existed between them, as of the date of this Agreement and enter into a full and final compromise, settlement and mutual release. NOW THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged: 1. Incorporation of Preamble. Each of the introductory statements contained in the Preamble hereto are incorporated into Section 1 of this Agreement as material terms and provisions agreed to by Plaintiff and the Village. 2. Compromise and Settlement. This Agreement constitutes the compromise and settlement of disputed claims that is made to avoid further costs of litigation. Nothing contained herein, nor any actions taken by Plaintiff or the Village in connection herewith, shall constitute, be construed as or be deemed to be, any admission of fault, liability or wrongdoing whatsoever on the part of any party. 3. Settlement of All Claims. Plaintiff and the Village intend this Agreement to be a complete and total resolution and settlement of any and all claims of any kind, whether asserted or not asserted, known or unknown, that Plaintiff may have or possibly could have against the Village up to the date of this Agreement. 4. Dismissal of the Lawsuit. Plaintiff will dismiss with prejudice his lawsuit against the Village in its entirety. 5. Payment to the Plaintiff. In return for the Plaintiff's dismissal and waiver of all his claims, causes of action and other actionable matters of any kind and the dismissal with prejudice of the Lawsuit filed against the Village in its entirety, the Village agrees to pay the Plaintiff the sum of$200,000 inclusive of all attorney fees, costs and expenses incurred by the Plaintiff or the Plaintiff's attorneys relative to the Lawsuit. Additionally, the Village will pay the 2 expense for the July 11, 2019 mediation conference with Judge William Gomolinski of ADR Systems, Chicago and the Village shall consider and not reasonably object to the application of the Jakubowski family to install a nondescript memorial plaque for Joni Beaudry on a tree in the Village. 6. The Plaintiff's Responsibility for Liens. The Plaintiff agrees to assume responsibility for all outstanding liens of any kind, those known and unknown, including but not limited to -- medical liens, tax liens, real property liens and attorney liens -- from the proceeds of this settlement. To the extent that any person seeks to enforce any liens against the Village, or anyone associated with the Village, the Plaintiff agrees to hold harmless the Village or anyone associated with the Village, and its past, current and future elected and appointed officials, President and Trustees, officers, employees, attorneys, agents, volunteers, successors, executors, legal and/or personal representatives of any kind, insurers and assigns (hereinafter referred to as "Village Affiliates") for all said liens. The Plaintiff also hereby agrees to defend the Village and the Village Affiliates against the enforcement of said liens and to assume all costs, expenses and attorney fees related to said defense. 7. General Release and Covenant Not To Sue. The Plaintiff, on behalf of himself and the Estate of Joni Beaudry, their heirs known and unknown, executors, administrators, successors and assigns, for and in consideration of the payment set forth herein, irrevocably and unconditionally releases and forever until the end of time discharges and acquits the Village and the Village Affiliates from any and all claims, charges, liabilities, debts, demands, grievances and causes of action of any kind (hereinafter referred to as the "Claims"), whether at law or in equity, whether accrued, contingent or inchoate, and whether known or unknown, suspected or unsuspected, or otherwise which the Plaintiff has, had or may have against the Village or the 3 Village Affiliates arising from or relating to any acts or omissions through the effective date of this Agreement, or involving the future or continuing effects of any acts or omissions which occurred through the effective date of this Agreement. This Settlement Agreement and General Release does not include or in any way release the State of Illinois, Illinois Department of Transportation, or any of its agencies, employees or affiliates named in the claim presently pending in the Court of Claims under the caption — Eric T.jakubowski, as Administrator of the Estate of joni Beaudry, deceased, et al. v. The State of Illinois and the Illinois Department of Transportation, 18 CC 2595. 8. The Claims released and waived by this Agreement include, but are not limited to, the specific Claims relating to or arising out of the allegations and the Claims set forth in the pleadings in the Lawsuit, claims for pain and suffering, mental and emotional distress, and monetary damages, or other claims under any federal, state or local constitution, statute, regulation, order, ordinance, common law or other authority having the force of law. 9. The Plaintiff acknowledges and agrees that the nature, materiality, extent and results of the Claims compromised and released by this Agreement may not now all be known or anticipated by him. However, it is the intention of the Plaintiff and the Village hereto THAT THIS AGREEMENT SHALL BE EFFECTIVE AS A BAR FOR ALL TIME TO EACH AND EVERY CLAIM, CHARGE, LIABILITY, AND/OR CAUSE OF ACTION OF ANY KIND THAT THE PLAINTIFF MAY HAVE OR HAS HAD AGAINST THE VILLAGE AND THE VILLAGE AFFILIATES. The Plaintiff further acknowledges and agrees that even if he may hereafter discover facts different from or in addition to those now known, suspected or believed to be true with respect to such claims, demands or causes of action, that this Agreement will be and remain effective in all respects notwithstanding any such different or additional facts. 4 10. The Plaintiff further covenants and agrees not to sue, to file a charge, to make a claim or demand, to commence or maintain, or assist or otherwise participate (except, as required by law, to give testimony), in any action or proceeding of any kind in any court, before any government agency or in any other forum or to accept any money, benefit, or other relief from any proceeding, which would be precluded by this Agreement, whether brought directly by the Plaintiff, or brought by any other person, agency or entity which would provide relief or benefit to the Plaintiff, and agrees to indemnify the Village against any and all liability, costs and expenses and attorneys' fees in the event the Plaintiff breaches the release and covenant not to sue. The Plaintiff also assigns to the Village all his rights, titles, and interests in any relief from any proceeding that would be precluded by this Agreement. 11. No Attorneys' Fees and Costs. The Plaintiff waives his right, if any, to attorney fees and costs. The Plaintiff will pay all litigation costs he incurred and the Plaintiff will bear all his incurred expenses in the negotiation and preparation of this Agreement. 12. Choice of Law; Savings Provision; Venue. This Agreement will be governed by Illinois law. If any provisions of this Agreement shall be invalidated or refused enforcement by any court of competent jurisdiction, the provisions not invalidated or refused enforcement shall remain in full force and effect. 13. Entire Agreement. This Agreement represents the entire agreement between the Plaintiff and the Village with respect to the matters set forth herein and supersedes all prior agreements or understandings, if any, between the Plaintiff and the Village. The Plaintiff acknowledges that except for the explicit provisions of this Agreement, no promises or representations of any kind have been made to him by the Village or its attorneys, to induce him 5 to enter into this Agreement. No modification of this Agreement can be made except in writing and signed by the Plaintiff and and an authorized representative of the Village. 14. For Settlement Only. This Agreement is entered into for settlement purposes only and represents the compromise of all disputed Claims, actual or potential, which the Plaintiff has or may believe he has. Neither this Agreement, the decision to enter into this Agreement, nor anything done pursuant to this Agreement, shall be construed to be an admission or evidence of any wrongdoing or any liability by the Plaintiff or the Village, such wrongdoing and liability being expressly denied. Nor will this Agreement, its existence or its terms, be admissible in any proceeding other than a proceeding to enforce the terms of this Agreement. 15. Representations & Warranties by the Plaintiff and the Village. The Plaintiff and the Village represent and warrant that (a) they have the capacity, full power and authority to enter into this Agreement; (b) the individual signing on behalf of the Village is authorized to do so; (c) they have not assigned, encumbered or in any manner transferred all or any portion of the claims covered by this Agreement; (d) there are no other claims, charges, complaints, actions for relief, suits, arbitrations or other claims or proceedings, pending between the Plaintiff and the Village in any court, before any agency, or in any forum; and (e) no other person or third party has any right, title or interest in any of the Claims covered by this Agreement. 16. Successors &Assigns. This Agreement shall be binding upon and inure to the benefit of the Plaintiff and the Village, and their respective personal representatives, official representatives, agents, insurers, attorneys, executors, administrators, heirs, successors and assigns. 17. Knowing and Voluntary Signing of Binding Contract. The Plaintiff represents and warrants that he has read this Agreement and understands all of its terms and he executes this 6 Agreement voluntarily and without duress or undue influence, and with full knowledge of its significance, intending to be legally bound. The Plaintiff acknowledges that by signing this Agreement, he is GIVING UP ALL CLAIMS AGAINST THE VILLAGE OF MOUNT PROSPECT. 18. Opportunity To Consult Advisors. The Plaintiff and the Village have had reasonable opportunity to consult with attorneys or other advisors of their own choosing before executing this Agreement. 19. Counterparts. This Agreement may be executed in counterparts, each of which may be signed separately and may be enforceable as an original, but all of which together shall constitute but one agreement. 20. IN WITNESS WHEREOF, the Plaintiff and the Village have executed this Agreement by affixing their signatures and the dates of execution where indicated below. The effective date of this Agreement, as noted on Page 1 above, shall be the date on which the last signatory signs and dates this Agreement. ERIC JAKUBOWSKI, ADMINISTRATOR VILLAGE OF MOUNT PROSPECT ESTATE OF JONI BEAUDRY Arlene A. Juracek, Village President Dated: Dated: 7