City of Milwaukee - File #: 221447

• File #: 221447
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 1/17/2023
• In control: COMMON COUNCIL
• Final action: 2/7/2023
• Title: Resolution authorizing accepting a settlement of $575, 000.00 in the case of City of Milwaukee v. Gestra Engineering, Inc. et al Case No. 22-CV-1966
• Sponsors: THE CHAIR
• Indexes: SUITS PAYMENT, SUITS SETTLEMENT

Date	Ver.	Action By	Action	Result	Tally
2/15/2023	0	MAYOR	SIGNED
2/7/2023	0	COMMON COUNCIL	ADOPTED	Pass	12:0
1/30/2023	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Appearing: ACA Tyler Helsel	Pass	5:0
1/17/2023	0	COMMON COUNCIL	ASSIGNED TO

Number

221447                                                                                                         

Version

ORIGINAL

Reference

Sponsor

THE CHAIR

Title

Resolution authorizing accepting a settlement of $575, 000.00 in the case of City of Milwaukee v. Gestra Engineering, Inc. et al Case No. 22-CV-1966

Analysis

This resolution authorizes the acceptance of a settlement of $575,000.00 to be paid to the City of Milwaukee to resolve the lawsuit entitled City of Milwaukee v. Gestra Engineering, Inc. et al Case No. 22-CV-1966.

Body

Whereas, Plaintiff, City of Milwaukee has filed a lawsuit against Gestra Engineering, Inc. et al injuries and damages sustained as a result of boring a 60" water main located at 4320 S. 6^th Street, on June 6, 2019. This incident resulted in the City deploying an emergency response in conjunction with Mid City Corporation.

Whereas, Counsel for the parties have reached agreement to settle the above-referenced lawsuit for a total amount of $575,000.00 to be paid to the City subject to approval by the Common Council; and

Whereas, The City Attorney recommends and the Common Council of the City of Milwaukee deems it expeditious and just to settle this lawsuit; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that a settlement of $575,000.00 from Gestra Engineering Inc. and West Bend Mutual Insurance Company be approved and the funds appropriated to the City of Milwaukee Water Department Fund 636506-0410-6411-2631R643.

Further Resolved, That for and in consideration of the above-referenced payments, the City, by its representatives, and their attorneys, will provide to Gestra Engineering , Inc. and West Bend Mutual Insurance Company with a release of any and all claims arising out of or in any way related to this incident.

Requestor

City Attorney

TYLER HELSEL

Drafter

STF/TH: mc

January 25, 2023

1048-2022-319/282983