CITY COMMISSION AGENDA ITEM

Department:	City Attorney’s Office		Commission Meeting Date:  September 18, 2018
Staff Contact:	Toni R. Wheeler, City Attorney
Recommendations/Options/Action Requested:
Approve the Settlement Agreement and Full and General Release in substantially the form of the attached agreement resolving the lawsuit, William E. Gibson and Sandra L. Gibson v. Lawrence Hamilton, et al. in the District Court of Douglas County, Kansas, Case No. 18-CV-000011, if appropriate.
Executive Summary:		On January 10, 2018, plaintiffs William E. and Sandra L. Gibson filed a negligence action against Lawrence police officer, Larry Hamilton, and other unnamed and unidentified police officers seeking damages for injuries that plaintiffs allege arose out of an automobile accident that occurred on July 20, 2016.  On that date, Patrick Shanahan was fleeing from Officer Hamilton.  When Mr. Shanahan entered the intersection of 2^nd and McDonald Drive westbound at a high rate of speed and against a red traffic signal, Mr. Shanahan’s vehicle collided with the vehicle driven by Mr. Gibson.  As a result of the collision, Mr. and Mrs. Gibson were injured with Mrs. Gibson’s injuries being far greater than Mr. Gibson’s. Their car also had significant damage. During the course of the litigation, the plaintiffs presented significant medical reports and invoices for their care and treatment.  They also presented claims for loss of wages, as well as claims for their pain and suffering.  After considerable negotiation, Mr. and Mrs. Gibson have offered to settle all claims and losses, past, present, and future arising from the subject accident for the sum of $67,500, with the parties to each pay their respective costs, including attorney’s fees.  The City and the named and unnamed defendants have denied liability and intend to settle the claims against them and to avoid the expense of future litigation. The City Attorney’s Office and its outside counsel in the subject litigation recommend settlement of all claims on behalf of plaintiffs in their offered amount of $67,500.  Staff requests the Commission accept the Settlement Agreement and Full and General Release in substantially the form of the attached agreement requested and authorize payment of the settlement sum to plaintiffs in accordance with the agreement.
Strategic Plan Critical Success Factor		Effective Governance/Professional Administration Sound Fiscal Stewardship
Fiscal Impact (Amount/Source):		The settlement in the amount of $67,500 will be paid from the City’s liability reserve fund.  To date, the City incurred $8,413 in legal fees related to the lawsuit.  The City Attorney’s budget has sufficient funds to cover the legal fees.
Attachments:		Proposed Settlement Agreement

Reviewed By: (for CMO use only)

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