160.2002
RESOLUTION AUTHORIZING SETTLEMENT IN THE MATTER OF
STUMVOLL V. LUCE/LUCE V. BUSHEY, JR. AND NORTH QUEENSBURY
VOLUNTEER RESCUE SQUAD, INC.
RESOLUTION NO.: 160, 2002
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, by Resolution No.: 261, 2001, the Queensbury Town Board authorized
engagement of Montfort, Healy, McGuire & Salley to represent the North Queensbury Volunteer
Rescue Squad, Inc., in the matter of Joan E. Stumvoll v. Lenore K. Luce/Lenore K. Luce v. Franklyn
P. Bushey, Jr., and the North Queensbury Volunteer Rescue Squad, Inc., et al., and
WHEREAS, under the provisions of the Workers’ Compensation Law, the Town of
Queensbury is liable to pay a portion of the aggregate settlement amount, and
WHEREAS, Montfort, Healy, McGuire & Salley has negotiated a settlement of this
matter with all parties in the aggregate amount of $50,000, and
WHEREAS, Montfort, Healy, McGuire & Salley has negotiated the Town of
Queensbury’s portion of the aggregate settlement amount to be $12,500, and
WHEREAS the Town’s portion of the settlement is not subject to any deduction for
Workers’ Compensation benefits paid to Joan Stumvoll because such payments are completely
and properly offset under New York State’s “no-fault” law governing liability for automobile
accidents, and
WHEREAS, Montfort, Healy, McGuire & Salley has recommended and requested Town
Board authorization to settle this matter on the negotiated terms, thereby avoiding further
litigation, trial and expense,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs Montfort,
Healy, McGuire & Salley, attorneys representing the North Queensbury Volunteer Rescue Squad, Inc.,
to settle the matter of Joan E. Stumvoll v. Lenore K. Luce/Lenore K. Luce v. Franklyn P. Bushey, Jr.,
and the North Queensbury Volunteer Rescue Squad, Inc., et al., in exchange for a full release from
Joan Stumvoll of any and all claims she has or might have arising from the accident which gave rise to
this litigation, and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury’s portion of the aggregate settlement amount
shall be twelve-thousand five-hundred dollars ($12,500), and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Comptroller
to issue a settlement check in the amount of twelve-thousand five-hundred dollars ($12,500) to be
countersigned by the Town Supervisor, made payable to Joan Stumvoll and her attorneys,
Pechenik & Curro, P.C., in satisfaction of the Town’s portion of the negotiated aggregate
settlement amount, and
BE IT FURTHER,
RESOLVED, that the funds for the Town’s portion of the settlement shall be paid for
from the Emergency Services Fund, Legal Services EMS Account No.: 005-3410-4130, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Montfort, Healy, McGuire & Salley to sign any settlement documents and take any action
necessary to settle this matter and effectuate the terms of this Resolution.
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Duly adopted this 18 day of March, 2002, by the following vote:
AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES : None
ABSENT : None