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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. th 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