TRANSMITTAL LETTER FOR BOARD MEETING OF DECEMBER 6, 2012
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to Settle Brites Cartage, Ltd. v. Metropolitan Water Reclamation District of Greater Chicago, 12 L 6606, in the amount of $55,000.00 relating to the June 14, 2011 Thornton Drop Shaft Explosion, Account 901-30000-667220
Body
Dear Sir:
The Thornton Transitional Reservoir Drop Shaft (the "Thornton Drop Shaft") is part of the MWRD's Tunnel and Reservoir Plan (TARP). The Thornton Drop Shaft is part of the Calumet TARP system, connects to the Thornton Reservoir, and is located at the end of the Indiana Avenue tunnel. In the early morning hours of June 14, 2011, an explosion occurred in the Thornton Drop Shaft. Although no personal injuries were reported, the explosion littered debris up to 475 feet from the Thornton Drop Shaft causing damage to neighboring structures and vehicles.
Brites Cartage, Ltd. is an entity conducting operations near the Thornton Drop Shaft. Debris from the June 14, 2011 explosion damaged several of Brites Cartage, Ltd.'s buildings, garage doors, and other equipment. On June 13, 2012, Brites Cartage, Ltd. filed suit against the Metropolitan Water Reclamation District of Greater Chicago to recover the cost of its property damage as a result of the explosion. Brites Cartage, Ltd. provided the District with documentation showing its damages to be approximately $62,183.73. However, after engaging in settlement negotiations, Brites Cartage, Ltd. has agreed to accept $55,000.00 in full settlement and compromise of any and all claims and liens it has against the District relating to the June 14, 2011 Thornton Drop Shaft explosion, without payment of any attorneys' fees or costs by the District or admission of liability. All parties will contemporaneously execute a general release of liability.
The General Counsel finds the proposed settlement to the District to be reasonable and acceptable. The settlement offer takes into account both the severity of the accident and the extensive property damage. The General Counsel does not believe that the District would be able to obtain a better result by allowing this case to proceed to trial.
Therefore, the General Counsel requests that the Board of Commissioners approve the settlement of Case Number 12 L 6606 in the total amount of $55,000.00. Additionally, the General Counsel requests authority to execute such documents as may be necessary to effectuate this settlement.
Requested, Ronald M. Hill, General Counsel, RMH:LLD:EMA:crb
Respectfully Submitted, Mariyana T. Spyropoulos, Vice-Chairman, Committee on Judiciary
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for December 6, 2012