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HomeMy WebLinkAboutRESOLUTION - 25-25 - 4/8/2025 - LESLIE SHANKLE SETTLEMENT AGREEMENTRESOLUTION NO.25-25 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A SETTLEMENT AGREEMENT, GENERAL RELEASE, AND COVENANT NOT TO SUE BETWEEN LESLIE SHANKLE AND THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached document marked: SETTLEMENT AGREEMENT, GENERAL RELEASE, AND COVENANT NOT TO SUE in the matter of Leslie Shankle v John K. Williams, et al., a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 81h day of April 2025. APPROVED this 811 day of April 2025. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Lorrie Murphy, Village Clerk SETTLEMENT AGREEMENT, GENERAL RELEASE, AND COVENANT NOT TO SUE Anthony Buro ("PLAINTIFF") and Elk Grove Village, an Illinois municipal corporation, ("DEFENDANT") (collectively, PLAINTIFF and DEFENDANT are herein referred to as the "Parties"), voluntarily agree to completely settle and resolve (a) all claims PLAINTIFF may have against the Defendant and (b) all claims PLAINTIFF may have for attorneys' fees and costs incurred in prosecuting PLAINTIFF's claims, as of the time PLAINTIFF and PLAINTIFF's COUNSEL execute this Settlement Agreement, General Release and Covenant Not to Sue ("Agreement"), in accordance with the terms of this Agreement, including, but not limited to, all issues related to or arising out of the allegations set forth in PLAINTIFF's Lawsuit (defined below), as follows: R E C I T A L S WHEREAS, PLAINTIFF filed a lawsuit against the Defendant, generally titled Anthony Buro, Plaintiff, v. Elk Grove Village, Defendant as Case No. 2023L007374 IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS, regarding events pertaining to a sidewalk trip and fall accident that occurred on or about July 28, 2022, in the general location of the 1401 block of Busse Road, Elk Grove Village, Cook County, State of Illinois alleging negligence against the Defendant Elk Grove Village (hereafter "the Lawsuit"); and WHEREAS, the DEFENDANT filed an answer and affirmative defenses denying all material allegations of the Lawsuit and denied and continues to deny that it has engaged in any wrongful or improper conduct and further denies that it is liable to the PLAINTIFF on any grounds; and WHEREAS, the Parties have determined that it is in their respective best interests to resolve the disputes between them for the purpose of avoiding future controversy, costs, legal fees, inconvenience, and any future litigation regarding these matters; and NOW, THEREFORE, for and in consideration for the provisions, covenants and mutual promises contained herein, and of other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties agree as follows: 1. Recitals. The Recitals set forth above shall be incorporated and made a part of the covenants of this Agreement. 2. Settlement Terms. In full satisfaction of any and all claims PLAINTIFF and PLAINTIFF's COUNSEL have or may have against the DEFENDANT, the Parties hereby agree to the following terms of settlement: a. DEFENDANT ELK GROVE VILLAGE agrees to pay the total sum of EIGHTY THOUSAND AND NO/100 USD ($80,000.00) to PLAINTIFF and PLAINTIFF's COUNSEL provided it has received this Agreement signed and duly executed by PLAINTIFF and the PLAINTIFF's COUNSEL. Payment shall be made by check made payable to: "Anthony Buro and the Law Firm of Spiegel & Demars." b. The Plaintiff agrees that Plaintiff will be responsible for the payments of any and all liens, indemnify the Defendant Elk Grove Village thereon, and hold them harmless therefrom; C. Before issuance of the above payment in 2(a) to PLAINTIFF, PLAINTIFF shall file with the Court an order dismissing the Complaint with prejudice as to the DEFENDANT. PLAINTIFF further represents that no lawsuit charge, claim or other complaint remains pending with any local, state or federal court and/or administrative agency other than the Lawsuit referenced above. In the event the DEFENDANT ELK GROVE VILLAGE receives notice that any local, state or federal court and/or administrative agency has a lawsuit, claim, charge, or other complaint pending against the DEFENDANT by PLAINTIFF, then PLAINTIFF agrees to execute and submit such documentation as may be necessary to have such lawsuit, charge, claim or other complaint dismissed with prejudice at no cost to the DEFENDANT. 3. Attorney Fees and Expenses. With the exception of the payment specified in Paragraph 2(a), each Party to the Lawsuit is responsible for the payment of their own attorneys' fees, costs, disbursements, expenses, or any other monies expended in connection with this matter. 4. Release and Covenant Not to Sue. a. To the greatest extent permitted by law, PLAINTIFF, for himself and his attorneys, insurers, successors, predecessors, heirs, beneficiaries, and assigns agree to release and forever discharge the DEFENDANT ELK GROVE VILLAGE from and regarding all claims they have or might have as of the time of the execution of this Agreement, whether known or unknown. By way of explanation, but not limiting its completeness, PLAINTIFF, hereby fully, finally and unconditionally releases, compromises, waives and forever discharges the DEFENDANT ELK GROVE VILLAGE from and for any and all claims, liabilities, suits, discrimination or other charges, personal injuries, demands, debts, liens, damages, costs, grievances, injuries, actions or rights of action of any nature whatsoever, known or unknown, liquidated or unliquidated, absolute or contingent, in law or in equity, which were or was or could have been filed with any federal, state, local or private court, agency, arbitrator or any other entity, based directly or indirectly upon PLAINTIFF's allegations contained in the Lawsuit, and any alleged act or omission to act by the DEFENDANT and/or any Released Party (as defined herein below in Paragraph 4(d)), whether related or unrelated to the allegations contained in the Lawsuit, accruing prior to the execution, by PLAINTIFF, of this Agreement. PLAINTIFF further waives any right to any form of recovery, compensation or other remedy in any action brought by him or on his behalf. b. To the greatest extent permitted by law, PLAINTIFF'S COUNSEL fully, finally, and unconditionally releases, compromises, waives and forever discharges the DEFENDANT ELK GROVE VILLAGE and the Released Parties (as defined in herein below in Paragraph 4(d)) from and for any and all claims, liabilities, suits, demands, debts, liens, damages, costs, injuries, actions or rights of action of any nature whatsoever, based directly or indirectly upon PLAINTIFF's and/or PLAINTIFF's COUNSEL's claim for fees and/or costs incurred prosecuting the Lawsuit. C. This Agreement includes and extinguishes all claims PLAINTIFF may have for Equitable and legal relief, damages, attorneys' fees and costs. Moreover, PLAINTIFF and PLAINTIFF's COUNSEL specifically intend and agree that this Agreement fully contemplates claims for any alleged property damage and attorneys' fees and costs, and hereby waive, compromise, release and discharge any and all such claims or liens. Moreover, PLAINTIFF and PLAINTIFF's COUNSEL specifically intend and agree that this Agreement fully contemplates claims for all property damage and medical and/or treaters' or related service liens and costs, if any, and hereby waive, compromise, release and discharge any and all such claims or liens which in any fashion could attach to the DEFENDANT ELK GROVE VILLAGE. d. PLAINTIFF agrees that the release and covenant not to sue as part of this Agreement includes all claims and potential claims of PLAINTIFF against the DEFENDANT ELK GROVE VILLAGE, and all of its current, former and future elected officials, trustees, commissioners, officers, members, attorneys, counselors, representatives, administrators, affiliates, fiduciaries, insurers, employees and/or agents, including, but not limited to, any affiliated or related entities or persons, including but not limited to, partners or joint ventures, and third -party beneficiaries, and all of their predecessors, successors, heirs and assigns, and their past, present and future elected officials, commissioners, officers, members, agents, attorneys, employees, representatives, trustees, administrators, affiliates, fiduciaries and insurers, and related persons or entities, jointly and severally, in their individual, official, fiduciary and corporate capacities (collectively referred to as the "Released Parties"). e. Nothing in this Agreement restricts the right held by PLAINTIFF, PLAINTIFF's COUNSEL or the DEFENDANT ELK GROVE VILLAGE, the DEFENDANT'S counsel, or the Released Parties to enforce this Agreement and the promises set forth herein. 5. No Assignment. PLAINTIFF and PLAINTIFF's COUNSEL expressly represent and promise that neither has assigned or transferred, or purported to assign or transfer, and will not assign or otherwise transfer: (a) any claims, or portions claims, against the DEFENDANT and/or Released Parties (as defined in Paragraph 4(d)); (b) any rights that either may have had to assert claims on his/their behalf or on behalf of others against the DEFENDANT and/or Released Parties; and (c) any right they/it has or may have to the money to be paid to PLAINTIFF and PLAINTIFF's COUNSEL pursuant to this Agreement. PLAINTIFF and PLAINTIFF's COUNSEL promise that any monies, benefits or other consideration he/it receives from the DEFENDANT are not subject to any liens, garnishments, mortgages or other charges, and no one else has any claim to any portion of the proceeds to be paid to PLAINTIFF and/or PLAINTIFF's COUNSEL pursuant to this Agreement. b. Resolution of Claims. PLAINTIFF and PLAINTIFF's COUNSEL agree that this Agreement, including the payment of monies, resolves the Lawsuit which PLAINTIFF filed against the DEFENDANT. PLAINTIFF represents and warrants that it does not have any other claims against the DEFENDANT or the Released Parties and that no such claims are pending before any court, agency or other person or entity. The Parties agree that the sum paid pursuant to this Agreement specifically includes payment for any and all liens or claims, by whomsoever made, including but not limited to, for or on account of medical bills incurred, deductibles, of any subrogee, doctors, including but not limited to hospitals, medical services, U.S. government claims or liens, including but not limited to any and all workers' compensation liens, Medicare and/or Medicaid, Illinois Department of Public Aid liens, attorney's liens, the County of Cook and any of its agencies, subsidiaries and departments, and/or the Illinois Department of Public Aid. PLAINTIFF further agrees in consideration of payment hereunder to make payment of any and all liens or claims growing out of the incident in question and to defend, indemnify and hold harmless the DEFENDANT and the Released Parties from any such liens or claims. 7_ Neutral Construction. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the Parties, regardless of who drafted the Agreement. Further, gender -specific language is to be interpreted in its most reasonable fashion for the Agreement; section or paragraph titles are irrelevant to interpretation of this Agreement; use of capitalization is irrelevant to interpretation of this Agreement. 8, Complete Agreement. This Agreement sets forth all of the terms and conditions of the agreement and understanding between the Parties concerning the subject matter hereof and any prior oral communications are superseded by this Agreement. The Parties understand and agree that all of the terms and promises of this Agreement are contractual and not a mere recital. 9. Effect on Previous Agreements. This Agreement supersedes any and all prior agreements, understandings and communications between the Parties. 10. Amendment. This Agreement may be amended only by a written document signed by the PLAINTIFF and the DEFENDANT. 4 11. Severability. In the event that any of the provisions of this Agreement are found by a judicial or other tribunal to be unenforceable, the remaining provisions of this Agreement will, at the DEFENDANT'S discretion, remain enforceable. 12. No Admission of Liability. This Agreement is being entered into solely for the purpose of settling the disputed claims of the Lawsuit, and shall not be construed as an admission by the DEFENDANT or Released Parties of any (i) liability of or wrongdoing to PLAINTIFF, (ii) breach of any agreement or contract by the DEFENDANT or Released Parties, (iii) duty of the DEFENDANT or Released Parties to indemnify or defend any Party within the scope of this Agreement. The DEFENDANT and Released Parties specifically deny any liability or wrongdoing, and PLAINTIFF and PLAINTIFF's COUNSEL agree that neither will state, suggest or imply the contrary to anyone either directly or indirectly, whether through counsel or otherwise. 13. RIGHT TO COUNSEL. PLAINTIFF ACKNOWLEDGES THAT HE WAS INFORMED THAT HE HAS THE RIGHT TO CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS AGREEMENT AND THAT THIS PARAGRAPH SHALL CONSTITUTE WRITTEN NOTICE OF THE RIGHT TO BE ADVISED BY LEGAL COUNSEL. ADDITIONALLY, PLAINTIFF ACKNOWLEDGES THAT HE HAS BEEN ADVISED BY COMPETENT LEGAL COUNSEL OF HIS OWN CHOOSING IN CONNECTION WITH THE REVIEW AND EXECUTION OF THIS AGREEMENT AND THAT HE HAS HAD AN OPPORTUNITY TO AND DID NEGOTIATE OVER THE TERMS OF THIS AGREEMENT. 14. Acknowledgement of Contents and Effect. PLAINTIFF declares that he and his attorney and authorized agents (if any) have completely read this Agreement and acknowledge that it is written in a manner calculated to be understood by PLAINTIFF. PLAINTIFF fully understands its terms and contents, including the rights and obligations hereunder, and freely, voluntarily and without coercion enter into this Agreement. Further, PLAINTIFF agrees and acknowledges that he has had the full opportunity to investigate all matters pertaining to his claims and that the waiver and release of all rights or claims he may have under any local, state or federal law is knowing and voluntary. 15. Counterparts/Authority. This Agreement may be executed in Counterparts, each of which shall be an original and all of which together shall constitute one and the same document. The signatories below to the Agreement expressly state and affirm that they have the actual authority to execute this Agreement on behalf of each Party. 16. Choice of Law. The Parties agree that this Agreement shall be deemed to have been executed and delivered within the State of Illinois and shall in all respects be governed, interpreted and enforced in accordance with the laws of the State of Illinois exclusive of its conflicts of laws provisions. (REMAINDER OF THIS PAGE IS BLANK, SIGNATURE PAGE FOLLOWS) IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE DAY AND YEAR AS INDICATED BELOW. PLAINT FT, LESLIE SIIANKLE B . LESLIE SHANKLE Date: 9 / 13 12025 THE VIIXAGE F ELK GROVE, an IlliDOlSm iDal corporation LIM Its: Date: �r / 10 / 2025 Page 6 of 6