Bathke vs. City of Ocean Shores Press Release

CITY OF OCEAN SHORES

The City of Ocean Shores has reached an agreement to settle monetary damage claims in the Bathke vs City of Ocean Shores breach of contract litigation. The agreement formalizes prior discussions and has been executed by both parties.

“We are taking a significant step,” said Crystal Dingler, Mayor of Ocean Shores. “We can finally put this behind us and move our focus toward further developing our Fire Department and strengthening our EMS and Fire service.”

The total amount of the settlement, which also included the dismissal of Mr. Bathke’s separate lawsuit against Fire Captain Corey Kuhl in state court, was $725,000 which included $690,000 from the City and $35,000 from the City’s insurance carrier.

The City has recorded the charge in its June 2021 financial report, which will be issued today. The City Council may consider reallocating the damages payment from the settlement agreement to another fund. That action remained outstanding while the parties were engaged in settlement negotiations.

In response to the settlement the Federal Court has issued a Satisfaction of Judgment and the State Court has issued a dismissal of the Kuhl case. The agreement includes a release of all previous and future claims related to the case and a mutual release and waiver of all appeal rights in the Federal case.

Reference:

David W. Bathke v. Ocean Shores, Cause No. 3:19-CV-05338-BHS, filed in the US District Court for the Western District of Washington; and

David Bathke v. Corey Kuhl and John Does 1-10, Grays Harbor Superior Court
Case No. 19-2-00962-14.