Benzie County approves $585,000 settlement in pre‑litigation Wenkel claim
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Summary
After a closed session under MCL 15.268(1)(h), the Benzie County Board of Commissioners approved a $585,000 settlement in a pre‑litigation claim by David Wenkel stemming from a July 3, 2023 motorcycle crash; the board said the payment avoids future litigation costs and is not an admission of liability.
The Benzie County Board of Commissioners voted July 8 to approve a $585,000 settlement in a claim filed by David Wenkel arising from a motorcycle accident on July 3, 2023.
The board entered closed session at 9:25 a.m. under Michigan law (MCL 15.268(1)(h)) to discuss a written legal opinion and settlement offer in MMRMA Claim No. 2302757 and reconvened at about 9:50 a.m. A motion by Commissioner Richard Nye, seconded by Commissioner Bridgitt Sauer, to approve the settlement passed on a roll‑call vote: Jeannot, Markey, Nye, Roelofs, Sauer and Trigg voted aye; Commissioner Davis was absent for that vote.
Minutes record that the board’s action was taken “to avoid incurring future litigation cost by the County” and that the settlement should not be considered an admission of liability. Public commenter Eric VanDussen of Benzonia Township told the board before the closed session that the matter appeared to be a “pre‑suit settlement negotiation” and urged the commission to modify its closed‑session motion and to disclose terms in the open meeting minutes after the session.
The board’s motion authorized attendance in closed session by the County Administrator and the sheriff’s designee. No further details about the settlement terms or the county’s assessment of liability were recorded in the meeting minutes beyond the amount and the board’s stated rationale to avoid future litigation costs.
Next steps: The board returned to its regular agenda after the vote; the minutes show Commissioner Davis arrived later in the morning and the meeting continued with other business.