HomeMy WebLinkAbout11/16/2010 10 Lawsuit Settlements re: Guillermo Aguilar and Edgar Trevino-Mendoza BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No i
For Meeting Of November 16, 2010
ITEM TITLE. Consideration of Resolution authorizing the City Manager of the City of Yakima to
execute Settlement and Full Release agreements to settle the lawsuits brought
by the Personal Representatives of the Estates of Guillermo Aguilar and Edgar
Trevino - Mendoza
SUBMITTED BY City Manager's Office and Legal Department
CONTACT PERSON/TELEPHONE. Dick Zais, City Manager, 575 -6040
Helen A. Harvey, Senior Assistant City Attorney, 575 -6030
SUMMARY EXPLANATION
This matter is on for consideration of a Resolution authorizing the City Manager to execute two
Settlement and Full Release agreements to resolve and settle the lawsuits filed by plaintiffs as
Personal Representatives in Yakima County Superior Court Cause No 09 -2- 03457 -4, entitled
Ana Lucas Garcia, as Personal Representative of the Estate of Guillermo Aguilar v Blake
Young, City of Yakima and Yakima Police Department, and in Yakima County Superior Court
Cause No 09 -2- 03696 -8, entitled Celerina ("Sally") Mendoza and Juan Mendoza, Co
• Administrators and Personal Representatives of the Estate of Edgar Trevino - Mendoza v the
City of Yakima, and Blake Young
The claims against the City of Yakima settled at a mediation on October 28, 2010, subject to the
approval of the Yakima City Council The City's settlement at the mediation in Garcia v City, et
al is $150,000, and the City's settlement in Mendoza, et al v City is $280,000, subject to City
Council approval These settlement amounts are to be paid by the City's insurance carrier
This case was settled in mediation with the assistance of mediator David Thorner of Thorner,
Kennedy & Gano of Yakima David Thorner is an experienced attorney and mediator who has
served as a mediator in excess of 2,000 cases over a period of 20 years A settlement between
the parties was reached, subject to the approval of the Yakima City Council on October 28th
Continued on Page 2
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source Insurance Carrier
APPROVED FOR SUBMITTAL. _ City Manager
STAFF RECOMMENDATION Adopt Resolution
• BOARD /COMMISSION /COMMITTEE RECOMMENDATION
COUNCIL ACTION
Page 2
•
Attached is a copy of the "Final Mediated Settlement Agreements" dated October 28, 2010
Also attached is a copy of the proposed Settlement and Full Release agreements, which have
been forwarded to plaintiffs' attorneys The final form of the Settlement and Full Release
agreements will be approved by an attorney in the City Legal Department before execution by
the City Manager
The background of the lawsuits is as follows The damage claim filed by Juan Hernandez, Jr
and on behalf of the Estate of Guillermo Rafael "Bobby" Aguilar on May 18,. 2009, alleged $4 5
million in damages, and plaintiffs' lawsuit was filed on September 18, 2009 The claim of Juan
Hernandez, Jr was not part of the October 28th mediation The damage claim filed on behalf of
the Estate of Edgar Trevino - Mendoza on May 28, 2009, alleged $1 75 million in damages, and
plaintiffs' lawsuit was filed on October 2, 2009
The claims arose from a police pursuit of Blake Young on October 22, 2006, in which a vehicle
driven by Blake Young collided with a vehicle driven by Edgar Trevino - Mendoza in the
intersection of Nob Hill Boulevard and 48 Avenue in Yakima Edgar Trevino - Mendoza, the
driver, Guillermo Aguilar, who was seated in the front right passenger seat, and Juan
Hernandez, Jr , who was seated in the back seat, were 19 years old at the time of collision
Edgar Trevino - Mendoza and Guillermo Aguilar died as a result of the collision involving the
vehicle driven by Blake Young
Blake Young, the driver of the stolen vehicle, was convicted by a jury on February 2, 2009, of
two counts of second degree murder, one count of vehicular assault, and second degree theft in 411
Yakima County Superior Court. He was sentenced by Judge Lust on March 6, 2009 to
approximately 440 months in prison (36 years). He has appealed his conviction
Through the mediation process, the case has settled, subject to the approval of the Yakima City
Council Staff respectfully requests that the City Council authorize and direct the City Manager
of the City of Yakima to execute both Settlement and Full Release agreements to resolve and
settle the lawsuits filed on behalf of the Estate of Guillermo Aguilar and the Estate of Edgar
Trevino - Mendoza
• RESOLUTION NO R -2010-
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute
Settlement and Full Release agreements to resolve and settle the lawsuits
brought by the Personal Representatives of the Estates of Guillermo
Aguilar and Edgar Trevino - Mendoza
WHEREAS, on September 18, 2009, a lawsuit was filed in Yakima County
Superior Court No 09 -2- 03457 -4 entitled Ana Lucas Garcia, as Personal Representative of the
Estate of Guillermo Aguilar v Blake Edward Young, individually, and City of Yakima, a
municipal corporation, Yakima Police Department, a municipal department; and
WHEREAS, on October 2, 2009, a lawsuit was filed in Yakima County Superior
Court Cause No 09 -2- 03696 -8 entitled Celerina ( "Sally') Mendoza and Juan Mendoza, Co
Administrators and Personal Representatives of the Estate of Edgar Trevino - Mendoza v the
City of Yakima, and Blake Young; and
WHEREAS, through a mediation with the assistance of a mediator, a settlement
has been reached that will resolve and conclude all claims in the matter regarding the City of
Yakima and the Yakima Police Department, subject to the approval of the Yakima City
Council, and
• WHEREAS, the City Council of the City of Yakima deems it to be in the best
interests of the City of Yakima to execute the Settlement and Full Release agreements to
resolve and conclude the lawsuits, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager of the City of Yakima is hereby authorized and directed to execute
two Settlement and Full Release agreements in a form similar to the attached Settlement and
Full Releases for the lawsuits filed against the City of Yakima by the Personal Representative
on behalf of the Estate of Guillermo Aguilar, Yakima County Superior Court Cause No 09 -2-
03457-4 and by the Personal Representatives on behalf of the Estate of Edgar Trevino -
Mendoza, Yakima County Superior Court Cause No 09 -2- 03696 -8 The final form of the
Settlement and Full Release agreements is to be approved by an attorney in the City Legal
Department before execution by the City Manager
ADOPTED BY THE CITY COUNCIL this day of November, 2010
Micah Cawley, Mayor
ATTEST
•
City Clerk
SETTLEMENT AND FULL RELEASE
WHEREAS, ANA LUCAS GARCIA, as Personal Representative of the Estate of
GUILLERMO RAPHAEL AGUILAR (hereinafter "Plaintiff "), brought suit against the CITY OF
YAKIMA and the YAKIMA POLICE DEPARTMENT (hereinafter "Settling Defendants ") in
the matter filed in Yakima County Superior Court, Cause No 09 -2- 03457 -4, and
WHEREAS, Settling Defendants appeared through counsel of record, and
WHEREAS, Plaintiff asserted monetary damages, personal mjunes, property damage and
general damages in the above - referenced action arising out of incidents described m Plaintiff's
Complamt filed in Yakima County Superior Court, Cause No 09 -2- 03457 -4, and
WHEREAS, Settling Defendants vigorously deny that they did anything wrong or caused
• Plaintiff's damages, and that by entering into this agreement, Settling Defendants CITY OF
YAKIMA and the YAKIMA POLICE DEPARTMENT do not concede they have any liability, and
specifically deny any liability whatsoever for the Plaintiffs claims; and
WHEREAS, Plaintiff has authority to enter into this settlement with regard to all property
damage and all personal mjunes to the Estate of GUILLERMO RAPHAEL AGUILAR, as well as
herself, known or unknown, on behalf of all beneficiaries of the estates, subrogated interest- holders,
penholders, including all liens of any insurer, medical care provider of any kind, or attorney; and
WHEREAS, the identified parties to this agreement desire to avoid the expense, burden and
uncertainty of continued litigation,
NOW, THEREFORE, IT IS HEREBY agreed among the parties to this agreement
consisting of Plaintiff ANA LUCAS GARCIA and the Settling Defendants CITY OF YAKIMA
41) and the YAKIMA POLICE DEPARTMENT, as follows.
Page 1 of 7
1 In consideration of the total payment to Plaintiff ANA LUCAS GARCIA in the
amount of One Hundred Fifty Thousand Dollars ($150,000 00), as further detailed below, the
Plaintiff agrees that all claims asserted by Plaintiff ANA LUCAS GARCIA as Personal
Representative of the Estate of GUILLERMO RAPHAEL AGUILAR asserted against Settling
Defendants CITY OF YAKIMA and the YAKIMA POLICE DEPARTMENT may and shall be
dismissed with prejudice and without any further cost to any party Payment shall be made to
Smart Connell Childers & Verhulp Trust Account not later than fourteen (14) days after the Yakima
City Council approves this settlement, which is scheduled for consideration on November 16, 2010
The terms and effect of this Settlement and Full Release are exclusive only to those claims asserted
by ANA LUCAS GARCIA as Personal Representative of the Estate of GUILLERMO RAPHAEL
AGUILAR, and shall not have any effect on the claims asserted by plaintiff JUAN ANTONIO
HERNANDEZ ORTEGA in the same action pending in Yakima County Supenor Court, Cause No
•
09 -2- 03457 -4
2. Plaintiff, her successors, assigns, representatives, agents, spouse, children,
employees, attorneys, insurers and any person or persons acting by, through or for her, hereby
releases, acquits and forever discharges Settling Defendants CITY OF YAKIMA and the YAKIMA
POLICE DEPARTMENT, their successors, assigns, current, former, or future elected or appointed
officials, officers, directors, representatives, agents, employees, attorneys, and their spouse(s) or
heirs, Cities Insurance Authonty of Washington ( "CIAW "), and insurers including but not limited
to St. Paul Fire and Marine Insurance Company, Travelers Insurance Company and all subsidiaries
thereof, and any person or persons acting by, for or through them, from all liability, actual or
potential, for all claims, damages or demands whatsoever in law or in equity which Plamtiff has
ever had, may have, or has claimed, or now claims arose from or in connection with the claims,
•
Page 2 of 7
410 damages or demands in law or equity arising from the allegations of the complaint filed in Yakima
County Supenor Court, Cause No 09 -2- 03457 -4 Plaintiff also releases in full all claims of
whatever kind and description against co- defendant BLAKE YOUNG, understanding that the CITY
OF YAKIMA may pursue a claim for contribution against BLAKE YOUNG under RCW 4.22.040
3 This Settlement and Full Release is expressly intended to cover all damages that are
claimed or could have been claimed by the Plaintiff or by the Estate of GUILLERMO RAPHAEL
AGUILAR in the above - referenced action. The damages may be more severe or different than
those known at this time. These damages include any and all personal injuries alleged by the
Plaintiff, including all complaints described in Plaintiff's or GUILLERMO RAPHAEL
AGUILAR'S medical records, following the incident described in the Complamt, and any and all
property damage associated with that incident.
• 4 This Settlement and Full Release, and the Mediated Settlement Agreement dated
October 28, 2010, a copy of which is attached hereto, contain the entire agreement between the
parties, and the terms thereof are contractual and not a mere recital.
5 The parties agree that any and all actions necessary to secure an immediate dismissal
with prejudice of the Plaintiff's claims in this lawsuit as against the Settling Defendants. CITY OF
YAKIMA and the YAKIMA POLICE DEPARTMENT, and a dismissal with prejudice of
Plaintiff's claims against co- defendant BLAKE YOUNG shall be taken by the parties, and that each
party shall bear its own costs and expenses incurred in connection with such claims and the
dismissal thereof.
6 Plaintiff agrees to hold Settling Defendants CITY OF YAKIMA and the YAKIMA
POLICE DEPARTMENT and their agents, employees, attorneys, insurers, or representatives
thereof (hereinafter Indemmtees) free and harmless from any and all claims relating to Plaintiff's
4111
Page 3 of 7
injuries and property damage that have been or may be asserted for any and all liens, including but
not limited to, any tortfeasor medical hens, liens of any branch of the government, liens of any and
all of Plaintiffs of GUILLERMO RAPHAEL AGUILAR'S insurers, liens of any insurers who may
be responsible for payment of Plaintiffs and GUILLERMO RAPHAEL AGUILAR'S medical
bills, liens for lost income, hens of any attorney, and liens for any and all claims for doctors,
hospitals, or other medical bills, lost wages or any other service (including non - medical service)
rendered to Plaintiff or GUILLERMO RAPHAEL AGUILAR arising out of the matters alleged in
the Yakima County Superior Court, Cause No 09 -2- 03457 -4, whether such claims be based on
contract, tort or any other theory of law
7 The Plaintiff also agrees to pay indemnitees any costs or attorneys' fees incurred to
establish indemnitees' right of indemnity as set forth herein, including any costs or fees which may
be incurred arising out of any lien with regard to Plaintiffs or GUILLERMO RAPHAEL
AGUILAR' S injuries or any prior attorneys retained by the Plaintiff as related to the incident
described in Plaintiffs complaint referenced above.
8 In further consideration of the payment of said consideration, the Plaintiff agrees to
indemnify and hold harmless the CITY OF YAKIMA and/or the CITY's present, former and future
elected officials, officers, attorneys, employees, insurers, agents, participants, successors and
assigns, and/or the YAKIMA POLICE DEPARTMENT, from any and all liens for medical services
and related expenses arising now or in the future from the alleged injuries of Plaintiff or
GUILLERMO RAPHAEL AGUILAR resulting from the incident and from the subrogation claim
of any third party arising from the alleged injuries of Plaintiff or GUILLERMO RAPHAEL
AGUILAR relating to the incident, which agreement includes, but is not limited to medical
expenses, any Medicaid or Medicare lien(s), Social Security, DSHS payments or liens, workers
•
Page 4 of 7
compensation, PIP payments, disability payments, Department of Labor & Industries' payments, or
any other payment or benefit which might afford a third party any claim against the consideration
paid for this release. Plaintiff agrees to be responsible to satisfy all liens and any outstanding
subrogation claims. The Plaintiff, through Plaintiff's attorney Christopher L. Childers, shall satisfy
any outstanding medical bills and any other lien(s) or creditors' claims concurrent with the
disbursement to Plaintiff's attorney; and before disbursing any funds to Plaintiff, the settlement
proceeds shall be held in said Trust Account "Smart Connell Childers & Verhulp Trust Account"
until any liens including DSHS are resolved. The Plaintiff warrants that all lienable expenses, and
all subrogation claims, and all claims of any other persons or entities legally entitled to share in the
proceeds of the settlement have been paid, or will be paid, from the proceeds of the settlement.
9 It is specifically understood and agreed that this Settlement and Full Release is the
• compromise of a disputed claim and that the payment made herein is not to be construed as an
admission of liability on the part of the CITY OF YAKIMA and/or the YAKIMA POLICE
DEPARTMENT, and that the CITY OF YAKIMA and the YAKIMA POLICE DEPARTMENT
deny liability therefor This Settlement and Full Release is not intended to be admissible against
any party or anyone else as an admission of any liability and/or fault in any matter
Notwithstanding the immediately preceding sentence, this Settlement and Full Release, if otherwise
admissible, may be introduced into evidence at any proceeding between or among the parties to
enforce its terms.
10 This Settlement and Full Release is made and entered into as a free and voluntary act
and has been done only after Plaintiff consulted with her attorney, Christopher L. Childers.
S
Page 5 of 7
11 The undersigned attorney for Plaintiff will see to the proper disbursement of all
funds received.
12. The undersigned has full authonty to enter into this Settlement and Full Release.
DATED this day of , 2010
ANA LUCAS GARCIA as Personal Representative
of the Estate of GUILLERMO RAPHAEL
AGUILAR
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day of , 2010, before me, a Notary Public,
personally appeared ANA LUCAS GARCIA, to me known to be the individual described herein,
and who executed the foregoing instrument and to me acknowledged that she voluntarily executed
the same.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires.
DATED this day of , 2010
The undersigned counsel of record for Plaintiff will see to the proper disbursement of funds.
SMART, CONNELL, CHILDERS & VERHULP
By
CHRISTOPHER L. CHILDERS, WSBA #34077
Attorney for Plaintiff
Page 6 of 7
• CITY OF YAKIMA
By
R.A. Zais, Jr , City Manager
ATTEST
City Clerk.
CHRISTIE LAW GROUP, PLLC
By
Robert L. Christie, WSBA No 10895
Attorney for City of Yakima and Yakima Police Deparment
•
Page 7 of 7
MEDIATED SETTLEMENT AGREEMENT
Date October 28, 2010
III
We, the undersigned parties, hereby enter into this binding agreement to settle any and all
claims of - (-c. £'sk Gtntitlzfm\y' 'TB°bti „ Pc %AA 1;Uf, cA -t ce ma < A.)
against - Mc c ' ‘ 0e- .I c,,,C. r w Pr`” -V,-c ti 5e4•. oCL cal 4710 ,4 a ,,s-)
their
•'v �',r Urt't-�r "-el C o r,n Y CA-I >a�
agents and employees and
p '� �) ' Insurance- GeRpany
(*es) for injuries and/or rn \1 damages arising out of an incident occurring in
N-/ e rIA 0 , 1 p,,,,,en � County, W a n 'l \''' " ' --- l on
' pC c' 1 .. , for the total sum of A 2. ba ,don c"
Payment hall be , mad t c � Serl o+N' C a n r+e % I not
later than 1 h J' U-�T n k% - w C � n d'1."' + \ C'YV iv-egg t a l z - el t t d ,n ...�
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Claimant and attorney agree to be responsible to satisfy all liens and any outstanding
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subrogation claims, to executepropriate full and final releases and confirming documents, and
Ora .. {-t, -G Jes Yti•.c. el - - Inre tx w 4 4t or
to enter an Order of Dismissal A. With Prejudice and Without Cost in /hv(.'"
County Superior Court Nos O 2— 0 3 a 6 — 2 , en. c F t - ..-Ni shall
prepare the final documents to be approved by Any disputes as to or
III
arising from this Agreement or the above - referenced final documents shall be resolved by David
A. Thorner, as the final binding arbitrator
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SETTLEMENT AND FULL RELEASE
WHEREAS, CELERINA ( "SALLY ") MENDOZA and JUAN MENDOZA, Co
Administrators and Personal Representatives of the ESTATE OF EDGAR TREVINO-
MENDOZA (hereinafter "Plaintiffs "), as individuals and as Co- Administrators and Personal
Representatives of the ESTATE OF EDGAR TREVINO - MENDOZA, brought suit against the
CITY OF YAKIMA (hereinafter "Settling Defendant ") in the matter filed in Yakima County
Superior Court, Cause No 09 -2- 03696 -8, and
WHEREAS, Settling Defendant appeared through counsel of record, and
WHEREAS, Plaintiffs asserted monetary damages, personal injunes, property damage and
general damages in the above - referenced action arising out of incidents described in Plaintiffs'
Complaint filed in Yakima County Superior Court, Cause No 09 -2- 03696 -8, and
WHEREAS, Settling Defendant vigorously denies that it did anything wrong or caused
Plaintiffs' damages, and that by entering into this agreement, Settling Defendant CITY OF
YAKIMA does not concede it has any liability, and specifically denies any liability whatsoever for
the Plaintiffs' claims; and
WHEREAS, Plaintiffs have authonty to enter into this settlement with regard to all property
damage and all personal injuries to themselves, as well as the Estate of Edgar Trevino- Mendoza,
known or unknown, on behalf of all beneficiaries of the estates, subrogated interest- holders,
henholders, including all liens of any insurer, medical care provider of any kind, or attorney; and
WHEREAS, the identified parties to this agreement desire to avoid the expense, burden and
uncertainty of continued litigation,
NOW, THEREFORE, IT IS HEREBY agreed among the parties to this agreement
Page 1 of 7
consisting of Plaintiffs CELERINA ( "SALLY ") MENDOZA and JUAN MENDOZA and the
Settling Defendant CITY OF YAKIMA, as follows.
1 In consideration of the total payment to Plaintiffs CELERINA ( "SALLY ")
MENDOZA and JUAN MENDOZA in the amount of Two Hundred Eighty Thousand Dollars
($280,000 00), as further detailed below, the Plaintiffs agree that all claims asserted by Plaintiffs
CELERINA ( "SALLY ") MENDOZA and JUAN MENDOZA, Co Administrators and Personal
Representatives of the ESTATE OF EDGAR TREVINO- MENDOZA against Settling Defendant
CITY OF YAKIMA may and shall be dismissed with prejudice and without any further cost to any
party Payment shall be made to MacDonald Hoague & Bayless Trust Account not later than
fourteen (14) days after the Yakima City Council approves this settlement, currently set for
consideration on November 16, 2010 Counsel for Plaintiffs shall hold Fifty -Four Thousand Dollars
($54,000 00) in trust until the DSHS/Medicare and DLUCVC liens are resolved. •
2. Plaintiffs, their successors, assigns, representatives, agents, spouses, children,
employees, attorneys, insurers and any person or persons acting by, through or for them, hereby
release, acquit and forever discharge Settling Defendant CITY OF YAKIMA, its successors,
assigns, current, former, or future elected or appointed officials, officers, directors, representatives,
agents, employees, attorneys, and their spouse(s) or heirs, the Yakima Police Department, Cities
Insurance Authonty of Washington ( "CIAW "), and insurers including but not limited to St. Paul
Fire and Marine Insurance Company, Travelers Insurance Company and all subsidiaries thereof
and any person or persons acting by, for or through it, from all liability, actual or potential, for all
claims, damages or demands whatsoever in law or in equity which Plaintiffs have ever had, may
have, or have claimed, or now claim arose from or in connection with the claims, damages or
demands in law or equity arising from the allegations of the complaint filed in Yakima County •
Page 2 of 7
• Superior Court, Cause No 09 -2- 03696 -8 This document has no impact whatever on plaintiffs'
separate claims and actions against Blake Young, a co- defendant in the cause listed above, or the
State of Washington, a defendant m a separate suit pending under Cause No 09 -2- 04655 -6
3 This Settlement and Full Release is expressly intended to cover all damages that are
claimed or could have been claimed by the Plaintiffs or by the ESTATE OF EDGAR TREVINO-
MENDOZA in the above - referenced action. The damages may be more severe or different than
those known at this time. These damages include any and all personal injuries alleged by the
Plaintiffs, including all complaints described in Plaintiffs' or EDGAR TREVINO - MENDOZA'S
medical records, followmg the incident described in the Complaint, and any and all property
damage associated with that incident.
4 This Settlement and Full Release, and the Mediated Settlement Agreement dated
® October 28, 2010, a copy of which is attached hereto, contain the entire agreement between the
parties, and the terms thereof are contractual and not a mere recital.
5 The parties agree that any and all actions necessary to secure an immediate dismissal
with prejudice of the Plaintiffs' claims in this lawsuit as against the Settling Defendant CITY OF
YAKIMA shall be taken by the parties, and that each party shall bear its own costs and expenses
incurred in connection with such claims and the dismissal thereof.
6 Plamtiffs agree to hold Settling Defendant CITY OF YAKIMA and its agents,
employees, attorneys, insurers, or representatives thereof (hereinafter Indemmtees) free and
harmless from any and all claims relating to Plaintiffs' injuries and property damage that have been
or may be asserted for any and all liens, including but not limited to, any tortfeasor medical hens,
liens of any branch of the government, liens of any and all of Plamtiffs' or EDGAR TREVINO-
® MENDOZA' S insurers, liens of any insurers who may be responsible for payment of Plaintiffs' and
Page 3 of 7
EDGAR TREVINO - MENDOZA'S medical bills, liens for lost income, liens of any attorney, and
•
liens for any and all claims for doctors, hospitals, or other medical bills, lost wages or any other
service (including non - medical service) rendered to Plaintiffs or EDGAR TREVINO - MENDOZA
arising out of the matters alleged in the Yakima County Superior Court, Cause No 09 -2- 04655 -6,
whether such claims be based on contract, tort or any other theory of law
7 The Plaintiffs also agree to pay mdemnrtees any costs or attorneys' fees incurred to
establish mdemnitees' right of indemnity as set forth herein, including any costs or fees which may
be incurred ansmg out of any lien with regard to Plaintiffs' or EDGAR TREVINO - MENDOZA' S
injuries or any prior attorneys retained by the Plaintiffs as related to the incident described in
Plaintiffs' complaint referenced above.
8 In further consideration of the payment of said consideration, the Plaintiffs agree to
indemnify and hold harmless the CITY OF YAKIMA and/or the CITY's present, former and future
•
elected officials, officers, attorneys, employees, insurers, agents, participants, successors and
assigns, from any and all liens for medical services and related expenses arising now or in the future
from the alleged injuries of Plaintiffs or EDGAR TREVINO - MENDOZA resulting from the
incident and from the subrogation claim of any third party arising from the alleged injuries of
Plaintiffs or EDGAR TREVINO - MENDOZA relating to the incident, which agreement includes,
but is not limited to medical expenses, any Medicaid or Medicare lien(s), Social Security, DSHS
payments or liens, workers compensation, PIP payments, disability payments, Department of Labor
& Industries' payments, or any other payment or benefit which might afford a third party any claim
against the consideration paid for this release. Plaintiffs agree to be responsible to satisfy all liens
and any outstanding subrogation claims. The Plaintiffs, through Plaintiffs' attorney Timothy K.
Ford, shall satisfy any outstanding medical bills and any other lien(s) or creditors' claims concurrent
411
Page 4 of 7
with the disbursement to Plaintiffs' attorney; and before disbursing any funds to Plaintiffs, the
settlement proceeds shall be held in said Trust Account "MacDonald Hoague & Bayless Trust
Account" until any liens including DSHS are resolved. The Plaintiffs warrant that all henable
expenses; and all subrogation claims, and all claims of any other persons or entities legally entitled
to share m the proceeds of the settlement have been paid, or will be paid, from the proceeds of the
settlement.
9 It is specifically understood and agreed that this Settlement and Full Release is the
compromise of a disputed claim and that the payment made herein is not to be construed as an
admission of liability on the part of the CITY OF YAKIMA, and that the CITY OF YAKIMA
denies liability therefor This Settlement and Full Release is not intended to be admissible against
any party or anyone else as an admission of any liability and/or fault in any matter
1111 Notwithstanding the immediately preceding sentence, this Settlement and Full Release, if otherwise
admissible, may be introduced into evidence at any proceeding between or among the parties to
enforce its terms.
10 This Settlement and Full Release is made and entered into as a free and voluntary act
and has been done only after Plaintiffs consulted with their attorney, Timothy K. Ford.
11 The undersigned attorney for Plaintiffs will see to the proper disbursement of all
funds received.
12 The undersigned has full authority to enter into this Settlement and Full Release.
DATED this day of , 2010
CELERINA ( "SALLY ") MENDOZA, in her
individual capacity and as Co- Administrator and
• Personal Representative of the estate of Edgar
Trevino- Mendoza
Page 5of7
•
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day of , 2010, before me, a Notary Public,
personally appeared CELERINA ( "SALLY ") MENDOZA, to me known to be the individual
described herein, and who executed the foregoing instrument and to me acknowledged that she
voluntarily executed the same.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
DATED this day of , 2010
•
JUAN MENDOZA, in his individual capacity and
as Co- Administrator and Personal Representative
of the estate of Edgar Trevino- Mendoza
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day of , 2010, before me, a Notary Public,
personally appeared JUAN MENDOZA, to me known to be the individual described herein, and
who executed the foregoing instrument and to me acknowledged that he voluntarily executed the
same.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires.
Page 6 of 7
IIII The undersigned counsel of record for Plaintiffs will see to the proper disbursement of
funds.
MacDONALD HOAGUE & BAYLESS
By
TIMOTHY K. FORD, WSBA #5986
Attorney for Plaintiffs
CITY OF YAKIMA
By
R.A. Zais, Jr , City Manager
ATTEST
0 City Clerk
CHRISTIE LAW GROUP, PLLC
By
ROBERT L. CHRISTIE, WSBA #10895
Attorney for City of Yakima
•
Page 7 of 7
MEDIATED SETTLEMENT AGREEMENT
Date October 28, 2010
We, the undersigned parties, hereby enter into this binding agreement to settle any and all
•
claims of The Estate of Edgar Trevino- Mendoza, Deceased against The City of Yakima its
agents and employees and The Travelers Insurance Company and CIAW for injuries and/or all
damages arising out of an incident occurring in Yakima, Yakima County, Washington on
October 22, 2006, for the total sum of $280,000 00 Payment of $280,000 00 by the City shall be
made to MacDonald Hoague & Bayless Trust Account not later than 14 days after City Council
approval of this settlement, which is a condition of this settlement. $54,000 00 shall be held in
trust until the DSHS/Medicard and DLI /CVC liens are resolved.
Claimant and attorney agree to be responsible to satisfy all liens and any outstanding
subrogation claims, to execute appropriate full and final releases and confirming documents, and
to enter an Order of Dismissal as to the claims of the Estate of Mr Trevino - Mendoza against the
City of Yakima only With Prejudice and Without Cost in Yakima County Superior Court Nos
09- 2- 04655 -6 and 09 -2- 03696 -8 Mr Christie shall prepare the final documents to be approved
by Mr Ford. Any disputes as to or arising from this Agreement or the above - referenced final
documents shall be resolved by David A. Thorner, as the final binding arbitrator
, • „
Celerma (Sally) M-ndoza, Co -P R. Richar. Za' . _ • ■•'•an. • -
of the Estate of Ed: .r Trevino- Mendoza
ZAOr /
Robert Christi-, A ttorney for City
an Mend • za, Co - P. :
of the state 6f Ed:,, Or- • • - Mendoza
Timoth I K. ord, Atto - y for Said Estate
atherine C Chamberlain, Attorney
.r Said Estate
Claimant Attorney Tax ID Number q f ° $? ° (C7 5