Number
011089
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution authorizing Release and Waiver of a subrogation lien against Barry J. DeBraska in connection with the City's Basic Health Plan.
Analysis
This resolution authorizes the settlement of a subrogation lien arising under the City's Basic Health Plan in the lawsuit entitled Barry J. DeBraska and Susan DeBraska v. Jack M. Gabor et al, Case No. 01-CV-006056
Resolution
Body
Whereas, The above-captioned case concerns a personal injury action seeking compensation for injuries sustained by plaintiff Barry J. DeBraska in an automobile collision with Jack M. Gabor which occurred on September 18, 1999; and
Whereas, The City has a subrogation lien of $7,711.73 for medical payments made pursuant to its Basic Health Plan on behalf of Barry J. DeBraska for injuries sustained in connection with the accident; and
Whereas, Plaintiff has offered the City the amount of $3,855.87 in settlement of his subrogation lien; and
Whereas, In light of the issues as to contributory negligence, cause of plaintiff's injuries, and the possibility that a court would rule that the City is not entitled to any recovery because the plaintiff's settlement with the defendants for a total of $25,000 did not make him whole for his injuries; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the proper City officers be and hereby are authorized and directed to accept the settlement of $3,855.87 in release and satisfaction of the City's subrogation lien against Barry J. DeBraska
Requestor
City Attorney
Drafter
EHT:kef
December 11, 2001
1088-2001-2497
48158