Number
010761
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution authorizing Release and Waiver of a subrogation lien against Kari Kirchgessner 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 Kari Kirchgessner v. Scott W. Stevenson, et al, Case No. 00-CV-000881
Resolution
Body
Whereas, The above-captioned case concerns a personal injury action seeking compensation for injuries sustained by plaintiff Kari Kirchgessner in an automobile collision with Scott W. Stevenson which occurred on March 28, 1997; and
Whereas, Plaintiff has offered the City the amount of $2,866.00 in settlement of her subrogation lien for medical payments made on behalf of plaintiff under the City's Basic Health Plan; and
Whereas, A mediation between the parties to this action resulted in a mediator's finding that there are significant issues as to contributory negligence by the plaintiff and whether the auto accident was the cause of plaintiff's injuries; 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 $35,000 did not make her whole for her 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 $2,866.00 in release and satisfaction of the City's subrogation lien against Kari Kirchgessner.
Whereas,
Requestor
City Attorney
Drafter
EHT:kef
September 28, 2001
00C000058 45475