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Home My WebLink About1997-01-30 ResolutionRESOLUTION NO. 97-36 RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION CLAIMS WHEREAS, in October, 1996, Jay and Blossom Shaw served notice of claims against the City of Iowa City, seeking damages from the City of Iowa City for claimed injuries and damages to Jay and Blossom Shaw as the result of the death of their son Eric F. Shaw; and WHEREAS, the City Council, in Executive Session, authorized the City Attorney to enter into negotiations with attorneys for Jay and Blossom Shaw to explore settlement possibilities, and the City Attorney has now recommended settlement of the pending litigation claims as in the best interest of the City of Iowa City and all parties involved; and WHEREAS, it is appropriate to ratify said settlement as provided by Iowa law with payment by the City of Iowa City of the $100,000.00 deductible amount under the City's liability insurance policy, and $1,400,000.00 to be paid by St. Paul Insurance Company, all in full satisfaction of any and all said claims against the City of Iowa City, its employees, agents, officials, and St. Paul Insurance Company, and in consideration for the full release and settlement of said claims. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above-named claims should be and are hereby settled for $1,500,000.00 in full satisfaction of any and all claims asserted by said parties and in consideration for the full release of said claims. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL FOR THE CITY OF IOWA CITY HEREBY specifically approves said settlement as being in the best interest of the City of Iowa City, and hereby ratifies said settlement as provided by law, and authorizes and directs the Mayor and City Clerk to execute all documents necessary to consummate said settlement. Passed and approved this ~ day of ~~ , 1997. Approved by~ ATTEST:~~Y~CCLER~~ ~~orney, s Office~/~ Resolution No, Page 2 97-36 It was moved by Thornberry and seconded by adopted, and upon roll calltherewere: Norton AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef JAN--~O--9? THU 10:28 LANE & WATERMAN P. 0~ RESOLUTION NO. RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION CLAIMS WHEREAS° in October, 1996, Jay and Blossom Shaw n¢ of claims against the City of Iowa City, seeking from City o£ Iowa City for claimed injuries and damage~ Jay and Shaw as the result of the death of their F. Shaw; Eric REAS, the City Council, in Executive Se~ authorized City Attorney to enter into nee with attorneys for and Blossom Shaw ~o explore set1 possibilities, the City Attorney has now rec settlement of pending litigation claims as the best interest of the of Iowa City and all involved; and WHEREAS, is appropriate to said settlement as provided by Iowa payment by the .ty of Iowa City of the $100,000.00 ded~ amount under the 's liability insurance policy, and 400,000.00 to by St. Paul Insurance Company, all full satisf, of any and all said claims against the City Iowa its employees, agents, officials, and St. Paul , and in consideration for the full release and of said claims. NOW, THEREFORE, BE THE CITY OF IOWA CITY. IOWA, be and are hereby settled fo: of any and all claims consideration for the full BY THE CITY COUNCIL OF the above-named claims should 500,000.00 in full satisfaction ~aid parties and in said claims. BE IT FURTHER CITY OF IOWA CITY being in the best ratifies said se~ directs the Mayor necessary to Passed and ATTEST: THE CITY COUNCIL FOR TH~ Specifically said settlement as of the City f Iowa Ci=y, and hereby as provided by ~w, and authorizes and .... - Approved by CITY CLERK ~City Attorney's Office /-3~- f~ $~H--30--97 THU 10:26 LAHE % WATERHAH P.O~ RELEASE AND SETTL~ AGREEMENT Jay and Blossom Shaw, individually and as Administrators of the Estate of Eric F. Shaw, and the City of Iowa City, hereby enter into this Release and Settlement Agreement arisin9 out of the wrongful death of Eric F. Shaw. WHEREAS, on August 30, 1996, Eric F. Shaw was properly within his Dlace of business, talking with a friend on the phone when Iowa City police officer Jeffrey Gillaspic, with the acknowledgement of police officer Troy Kelsay, moved unannounced through the open door to the Shaw place of business and without provocation from Eric F. Shaw discharged his weapon without justification, causing a bullet to strike Eric F. Shaw in the heart which caused Eric F. Shaw's death. WHEREAS, in October of 1996, Jay and Blossom Shaw, parents of Eric F. Shaw, served notice on the City of Iowa City claiming damages for personal physical injuries and physical sickness resulting from the wrongful death of their son Eric F. Shaw. WHEREAS, the parties desire to settle and compromise said claims avoiding the cost and expense of litigation. NOW THEREFOaE, for good and adequate consideration, the receipt and sufficiency o£ which is acknowledged, the parties agree as follows: 1. The City of Iowa City, individually and through its liability insurer, St. Paul Insurance Company, shall pay the sum of $1,500,000 by draft payable to Jay and Blossom Shaw and their attorney Robert A. Van ¥ooren, in full settlement of their JAN--~O--9? THU 10:26 LANE ~ WATERMAN P. 04 claims. The transfer of said $1,500,000 shall occur not later than three days after the execution of this Agreement and the delivery o~ the specified documents enumerated herein. 2. Jay and Blossom Shaw as parents of Eric F. Shaw on their own behalf and as Administrators o£ the Estate of Eric Shaw, in consideration of said $1,500,000 payment, agree to the £ol lowing: To acknowledge receipt of the sum of $1,500,000.00 and in consideration of said payment they do hereby release, acquit, and forever discharge the City of Iowa City, Mayor Naomi J. Novick, members of the City Council of Iowa City, City Manager Steve Arkins, City Attorney Linda Newman Woito, Chief of Police R. J. Winkelhake, former police officer Jeffrey Gillaspic, police officers Troy Kelsay and Darren Zacharias, and St. Paul Insurance Company, and all other persons, firms and corporations from any and all liability and claims, demands and causes of action of every nature affecting them which they have or ever claim to have by reason of the unjustified shooting of their son which occurred on August 30, 1996; This Release covers all claims, injuries and damages whatever they have, whether known or not, which exist or may hereafter appear or develop, arising from the matters referred to, including all civil rights claims under 42 U.S.C. §§ 1983 and 1988 an~ t~e Fourth, Fifth and Fourteenth Amendments to the United States Constitution, and their Iowa equivalents, and any claim for fault, negligence or wrongful death. To provide and deliver a Court Order approving this settlement and authorizing and directing the execution and delivery of the above Releases. 3. All parties to this Release and Settlement Agreement further agree tO the following: The above sum is all that will ever be received by Jay and Blossom Shaw individually and as Administrators of the Estate of Eric F. Shaw, and -2- J~N--30--97 THU 10 ~27 LANE , ~ WATERMAN P. 05 no promise for any other or further consideration has been made by anyone. NO additional or further claims will be made by Jay or Blossom Shaw individually or as Administrators of the Estate of Eric F. Shaw. Each party will bear its own fees and costs, specifically attorneys fees, and no additional claim for attorneys fees will be made, and any such claim for attorney fees is hereby expressly waived. This Release and Settlement Agreemeat is executed as part of a public acknowledgement by the City of Iowa City for its responsibility for the tragic and unnecessary death of Eric F. Shaw. The parties are executing this Release and Settlement Agreement in reliance upon their own individual knowledge, belief and judgment, and not upon any representations made by the parties released. All parties have had adeq~/ate opportunity to confer with counsel and other advisors as they deem necessary. Jay and Blossom Shaw as Administrators of the Estate of Eric F. Shaw shall obtain the approval of the Iowa District Court and any other necessary approvals of these settlements. If other documents are needed to effect this settlement, Jay and Blossom Shaw individually and as Administrators will execute them and cooperate in obtaining them. The $1,500,000 settlement amount is in payment for damages sustained by Jay and Blossom Shaw individually and as Administrators of the Estate of Eric P. Shaw for personal physical injuries and physical sickness resulting from the wrongful death of their son Eric F. Shaw. No part of the settlement funds is attributed to punitive damages. The $1,500,000 settlement amount shall be paid tO Jay and Blossom Shaw individually and no portion of the settlement amount will be paid to the Estate of Eric F. Shaw as ordered by the Court. The City of Iowa City represents that it has the power and authority to enter into this Release and Settlement Agreement, and the City of Iowa City and Jay and Blossom Shaw, individually and as Administrators of the Estate of Eric F. Shaw, shall do all things necessary tO carry out the JAH--~O--9? THU 10:27 LANE & HATERHAH P. 06 terms, conditions, and obligations of this Agreement. THAT WE HAVE EACH READ THE FOREGOING AGREEMENT, AND UNDERSTAND ITS TERMS AND FREELY AND VOLUNTARILY SIGN THE SAM~. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, accordin~ to the context. 1997. Dated at this .......... day of CITY OF IOWA CITY JAY SHAW, Individu&lly Naomi"J';' Naviuk Mayor BTiO~SOM SHAW, Individually ATTEST: Mariam K. Ka~r City Clerk JAY SHAW, Administr~tor o~ the Estate of Erio F. Shaw A~PRO%~EDAS TO FORM AND CO~TENT: Robert A. Van-Voo~en, Attorney ~or Jay and Blossom Shaw indiv- idually and as Adr~inistrators of ~he E~tate of Eric'F. Shaw Linda Newman Woito, Attorney for City of Iowa City, Iowa Amy'S. Snyder, Ac=orne~ ........... ~or Jay and Blossom Shaw indiv- idually and as Administrators of ~he Es~a~e of Eric F. Shaw JAN--~O--9? THU 10:29 LANE ~ WATERMAN P. 08 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IN THN MATTER OF: ) PROBATE NO. ESPRO24283 ) THE ESTATE 0F ~RIC F. SHAW, ) ORDER APPROVING ) SETTLEMENT Deceased. ) THIS MATTER is before the Court on an Application by Jay and Blossom Shaw for approval of the settlement of claims resulting from the alleged wrongful death of Eric F. Shaw on August 30, 1996. The Court, having reviewed the Release and Settlement Agreement and being fully advised in the premises, PINDS that the $1,500,000 settlement is fair and reasonable and should be approved. The Court Orders that the full settlement funds be ~aid by draft directly to Jay and Blossom Shaw and their attorney, Robert A. Van vooren, and no portion of the settlement amount shall be paid to the Estate of ~ric F.' Shaw. This Court further finds that the damages being recovered in this settlement represent damages for personal physical injuries and physical sickness resulting £rom ~he wrongful death of Eric F. Shaw. Jay and Blossom Shaw are ordered to satisfy all legally and timely filed claims agains~ the Estate of Eric F. Shaw upon distribution of the settlement funds. The Court further approves the General Release ~andated, agreed.to, and set forth in ~he Release and Settlement Agreement releasing and discharging the City'of Iowa City, Mayor Naomi J. Novick, members of the City Council of Iowa City, City Manager Steve Arkins, City Attorney Linda New~an~Woi~o, Chief of JAH--:~;O--97 THU 10 .' 29' LAHE 8~ WATER!'IAH P. 09 Police R. J. Winkelhake, police officers, Jeffrey Gillespie, Troy Kelsay, Darren Zacharias0 and St. Paul Insurance Company, from all liability and claims of Jay and Blossom Shaw individually and as Administrators of the Estate of Eric F. Shaw, and of the Estate of Eric F. Shaw arising out of the wrongful death of Eric F. Shaw. The Court'further authorizes and directs Jay and Blossom Shaw individually and as Administrators of the Estate of Eric F. Shaw to sign any and all further documents or releases discharging and releasing all claims of Jay and Blossom Shaw individually and as Administrators of the Estate of Eric F. Shaw and o~ the Estate of Eric F. Shaw, and any and all other documents necessary to accomplish the terms, conditions, and obl±gations of the Release and Settlement Agreement. IT IS THEREFORE, ORDERED AND DECREED that the aforementioned settlement is approved by this Court. DATED this __ day of .. ... , 1997. Copy to: Robert A. Van Vooren Lane & Waterman 600 Norwest Bank Bldg 220 North Main Street Davenport IA 52801-1987 KrisCen H. Frey Barker, Cruise, Kennedy, Houghton .Anderson, LLP 920 S Dubuque St 90 Box 2000 Iowa City IA 52244 J'U"D G E " JAN--SO--9? THU 10:30 LANE & WATERMAN P. 10 Ms. Linda Newman Woito City Attorney's Office %10 E Washington St Iowa City IA 52240