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HomeMy WebLinkAbout6.5 Motion to authorize the Village Manager to execute a settlement agreement in the case of George v. Village of Mount Prospect in the amount of $25,000.t�.f)AAI1C 1�d'+rn�iect Subject Motion toauthorize agreementexecute a settlement of GeorgeVillage of Mount • amountof 0 Meeting July 20, 2021 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact Dollar Amount Budget Source Category CONSENT AGENDA Type Consent Information In 2015, plaintiff David Murphy George filed a complaint against the Village of Mount Prospect following a trip and fall that resulted in an injury (fracture) to his little finger. The complaint alleges the Village was negligent in failing to repair an uneven sidewalk condition at 5 North Main Street. The plaintiff claimed he tripped over the raised sidewalk in 2014, fell and suffered injury. In 2017, the case went to a jury trial in the Cook County Circuit Court. On the first day of trial, the Village succeeded in barring evidence to the plaintiff's claim that the Village knew about the condition of the sidewalk and failed to make needed repairs. The plaintiff exercised his right to voluntarily dismiss the lawsuit with leave to refile within a year. In October 2018, one week before the deadline, the plaintiff filed a new lawsuit that again claimed he suffered injury when he tripped and fell on the uneven sidewalk around 5 North Main Street. The case was scheduled for a jury trial starting in November 2021 in the Circuit Court of Cook County. The issue would be whether the Village knew or should have known that the uneven sidewalk at 5 North Main posed a dangerous condition for pedestrians. In June 2021, the plaintiff agreed to settle the lawsuit for $25,000 and to dismiss 1 the lawsuit with prejudice. Settling the case promotes the best interests of the Village from business and risk management perspectives. Alternatives 1. Authorize the Village Manager to execute a settlement agreement in the case of George v. Village of Mount Prospect in the amount of $25,000. 2. Action at the discretion of the Village Board Staff Recommendation Staff recommends that the Village Board authorize the Village Manager to execute a settlement agreement in the case of George v. the Village of Mount Prospect in the amount of $25,000. ATTACHMENTS: Geoge v VOMP July 2021.pdf 2 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION DAVID C. MURPHY GEORGE, Plaintiff, V. Case No. 2018 L 010684 VILLAGE OF MOUNT PROSPECT, Defendant. SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreement") is made and entered into this _ day of July, 2021, by and between the following parties: David C. Murphy George ("Plaintiff') and the Village of Mount Prospect, Illinois ("Village") Preamble WHEREAS, Plaintiff filed a complaint against the Village on August 5, 2015 in the Circuit Court of Cook County, Illinois, Law Division as Case No. 2015 L 007997; and WHEREAS, Plaintiff voluntarily dismissed Case No. 2015 L 007997 on October 16, 2017 with leave to refile after the case was assigned for trial; and WHEREAS, Plaintiff filed a complaint against the Village on October 2, 2018 in the Circuit Court of Cook County, Law Division as Case No. 2018 L 010684 (the "Lawsuit"); and WHEREAS, Plaintiff asserted state law negligence and premises liability 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 3 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 general release. NOW THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged: 1. lncororation of' Preamble.-, Each of the introductory statements contained in the Preamble are incorporated into Section 1 of this Agreement as material terms and provisions agreed to by Plaintiff and the Village. 2. t pni romise 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, an 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 l.,a\vsuit,. Plaintiff will dismiss with prejudice the Lawsuit against the Village in its entirety. 5. 1'a Ment to 1�11ainti�ff. In return for Plaintiff's dismissal with prejudice of all his claims and his Lawsuit against the Village in its entirety, the Village of Mount Prospect agrees to pay Plaintiff the sum of $25,000.00 inclusive of all attorney fees, costs and expenses incurred by Plaintiff or Plaintiffs attorneys relative to the Lawsuit, which sum shall be paid by a 2 4 check issued by the Village of Mount Prospect in the names of the Plaintiff, David C. Murphy George, and his attorneys, the Sherwood Law Group, LLC. 6. Plaintif[LResponsibility for Liens. 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, 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 ("Village Affiliates") for all said liens. Plaintiffs 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 P.etease and Covcq�ant Neatjfo Sue Plaintiff, on behalf of himself and his heirs, 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 whatsoever kind, whether at law or in equity, whether accrued, contingent or inchoate, and whether known or unknown, suspected or unsuspected, or otherwise which Plaintiff has, had or may have against the Village and the Village Affiliates arising from or relating to acts or omissions through the date hereof, or involving the future or continuing effects of any acts or omissions which occurred through the date hereof. 3 5 The claims released and waived by this Agreement include, but are not limited to, claims relating to or arising out of the allegations and claims set forth in the pleadings in the Lawsuit, specifically negligence and premises liability claims brought forth under Illinois state law, 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, common law or other authority having the force of law that arose from the beginning of time to the date this Agreement is executed. 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 parties hereto that this Agreement shall be effective as a bar for all times to each and every claim, charge, liability, and/or cause of action that the Plaintiff has, may have or had against the Village and the Village Affiliates from the beginning of time to the date this Agreement is executed. Plaintiff further acknowledges and agrees that 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 and agrees that this release will be and remain effective in all respects notwithstanding any such differences or additional facts. 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 Plaintiff or brought by any other person, agency or entity which would provide relief or benefit to 0 Ij Plaintiff, and agrees to indemnify the Village and the Village Affiliates against all liability, costs and expenses and attorney's fees in the event Plaintiff breaches this release and covenant not to sue. Plaintiff also assigns to the Village all his rights, titles, and interests in any relief from any proceeding that would be precluded by this release. 8. No Attorney's Fees and Costs. Plaintiff waives his right, if any, to attorney's fees and costs. The Village will pay all expenses it has incurred, and Plaintiff will bear all his incurred expenses in the negotiation and preparation of this Agreement. 9. Choice of" Law Sayip s Provision. 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. 10. Entire emeL1. This Agreement represents the entire agreement between Plaintiff and the Village with respect to the matters set forth herein and supersedes all prior agreements or understandings, if any, between the parties. 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 to enter into this Agreement. No modification of this Agreement can be made except in writing and signed by David C. Murphy George or his legally authorized agent or administrator and an authorized representative of the Village. 11. For Settlement Only. This Agreement is entered into for settlement purposes only and represents the compromise of disputed claims, actual or potential, which 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 5 7 wrongdoing or liability by 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. 12.�l prgse ns arras s '1' Ail Parties All of the parties 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 charges, complaints, suits, arbitrations or other claims or proceedings pending between the parties in any court, before any agency, or in any forum; and (e) no other person or party has any right, title or interest in any of the claims covered by this Agreement. 13. Succes,sors & Ass i as. This Agreement shall be binding upon and inure to the benefit of Plaintiff and his personal representatives, agents, insurers, attorneys, executors, administrators, heirs, successors and assigns and the Village and the Village Affiliates. 14. 1Cnowi-vtnd Voluntar Signing, cif Bin in , C n raq. Plaintiff represents and warrants that he has read this Agreement and understands all of its terms and executes this Agreement voluntarily and without duress or undue influence, and with full knowledge of its significance, intending to be legally bound. Plaintiff acknowledges that by signing this Agreement, he is giving up all claims against the Village. 15. Qpportunity To Cotisult Advisors. Plaintiff and the Village have had reasonable opportunity to consult with attorneys or other advisors of their own choosing before executing this Agreement. 16. Coutets. This Agreement may be executed in counterparts, each of which C3 may be signed separately and may be enforceable as an original, but all of which together shall constitute but one agreement. The parties have executed this Agreement by affixing their signatures and the date of execution where indicated below. The effective date of this Agreement shall be the date on which the last signatory signs and dates this Agreement. DAVID C. MURPHY GEORGE VILLAGE OF MOUNT PROSPECT Dated: Michael Cassady, Village Manager Dated: 7 9