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File #: 23-1105    Version: 1 Name: 6/20/23 Settlement of Harris vs City of Ann Arbor
Type: Resolution Status: Passed
File created: 6/20/2023 In control: City Council
On agenda: 6/20/2023 Final action: 6/20/2023
Enactment date: 6/20/2023 Enactment #: R-23-236
Title: Resolution to Authorize Settlement of Christine Harris v. City of Ann Arbor, Washtenaw County Circuit Court Case No. 20-000265-NO
Sponsors: Christopher Taylor

Title

Resolution to Authorize Settlement of Christine Harris v. City of Ann Arbor, Washtenaw County Circuit Court Case No. 20-000265-NO

Staff

Prepared by:                       Timothy Wilhelm, Deputy City Attorney

Reviewed by:                       Atleen Kaur, City Attorney

Body

Whereas, In March 2020, Plaintiff Christine Harris filed a lawsuit against the City alleging it was liable for injuries and associated damages she suffered in an accident in which the motorcycle she was a passenger on hit a pothole which she claims was the result of the City’s failure to properly maintain the roadway;

 

Whereas, The City denied the allegations in the complaint, asserted defenses, and engaged in discovery;

 

Whereas, The parties now desire to settle and resolve the lawsuit without an admission of liability on the part of any party, wherein the City will pay $99,000.00 to Plaintiff in exchange for a full and final settlement agreement signed by the parties, a release of all claims against the City, and dismissal of the lawsuit with prejudice; and

 

Whereas, The City Attorney’s Office has advised City Council on this matter in an attorney-client privileged and confidential legal advice memoranda dated May 30, 2023;

 

RESOLVED, That City Council authorizes the City Attorney to fully resolve the case entitled Christine Harris v. City of Ann Arbor, Washtenaw County Circuit Court Case No. 20-000265-NO for a payment of $99,000.00 from the City to Plaintiff contingent on the receipt of a full and final settlement agreement signed by the parties, release of all claims against the City, and entry of dismissal of the lawsuit with prejudice without fees and costs to any party by the Court, all of which shall be subject to City Attorney approval as to form and substance; and

 

RESOLVED, That the Mayor, Clerk, City Administrator and City Attorney are authorized to take actions to implement this resolution, including signing a settlement agreement.

 

Sponsored by:  Mayor Taylor