HomeMy WebLinkAboutBussey, Carolyn & Bussey, Ronald - Release and Settlement Agreement' t
RELEASE AND SETTLEMENT AGREEMENT
PARTIES
THIS RELEASE AND SETTLEMENT AGREEMENT is between Carolyn M.
Bussey and Ronald L. Bussey, wife and husband (hereafter "claimants "), and the CITY
OF YAKIMA (hereafter "City ")
RECITALS
1. Carolyn M. Bussey and Ronald L. Bussey filed two separate Claims for
Damages with the City of Yakima on May 8, 2006, alleging that they had received
personal injuries and damages as the result of an incident that occurred on April 21,
2006, when Mr. and Mrs. Bussey were traveling southbound on South 16th Avenue, in
Yakima, Washington, approaching Mead Avenue, in their vehicle, a 1995 BMW. The
claimants allege that their vehicle, which was driven by Mr. Bussey, hit a manhole
cover.. The incident and all matters arising from or relating to the automobile accident
on April 21, 2006 are hereafter referred to in this Release and Settlement Agreement as
"the incident."
2. The claimants alleged that their vehicle sustained damage to the tire,
wheel, and rocker panel and needed an alignment, for a total cost of $1,493.96. On
approximately August 16, 2006, the City paid Mr. Bussey $1,493.96 to settle the
property damage claim for repairs to the vehicle, and paid his medical bills and made
total payments in the amount of $1,107.10 to settle his personal injury claim.
Mrs. Bussey continued to seek medical treatment for her alleged injuries, and without
acknowledging fault or liability, the City paid a total of $3,090.10 related to Mrs.
Bussey's examination at Yakima Valley Memorial Hospital on April 21, 2006, a total of
$4,895.81 to "Selah Medical Center" (Dr. William Cox), and a total of $5,320.00 to "Body
'N Soul" (Michelle Delp PTA, LMP). In addition, without acknowledging any fault or
liability, as part of this settlement, the City agreed to pay Mrs. Bussey's current
outstanding medical bills through August 26, 2009, to "Selah Medical Center" in the
amount of $3,940.70 and to Body 'N Soul in the amount of $4,085.00.
RELEASE AND SETTLEMENT AGREEMENT -1
3. The parties engaged in settlement negotiations. On August 26, 2009, the
City made a settlement offer of $18,000 and payment of Mrs. Bussey's medical bills
through August 26, 2009, which was orally accepted by claimants on August 26, 2009.
The parties have agreed to settle the case in consideration for a total payment by the
City to claimants in the amount of $18,000 and the payment of medical bills incurred by
Mrs. Bussey through August 26, 2009 directly to the medical providers in the total
amount of $8,025.70, which is allocated as follows: payment of $3,940.70 to "Selah
Medical Center" and payment of $4,085.00 to "Body 'N Soul" (these payments are
hereafter referred to as "said sum ").
4. Claimants and the City of Yakima wish to settle and compromise doubtful
and disputed claims between them by a covenant not to sue and by hold harmless
agreements. It is understood and agreed that this settlement 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 party or parties hereby released, including the
City of Yakima, and that said releasees deny liability therefore. Claimants agree that
this Release and Settlement Agreement is not intended to be admissible against any
party as an admission of any liability and/or fault.
5. Claimants and the City agree that the said sum to be paid herein is in
consideration of claimants' covenant not to sue the City and to settle claimants' claims
of all types relating to the incident.
6. Under the Washington Tort Reform Act of 1981, RCW 4.22.060(3), et seq.,
as .amended, and the expressed legislative intent to foster settlements thereunder, this
Release and Settlement Agreement is binding between claimants and the City, and no
adjustment is ever to be made in the amount paid by the City.
7. Claimants understand that claimants may have suffered injuries or
damages as a result of the incident that are unknown to claimants at the present and
that unknown complications may arise in the future. Claimants acknowledge that the
sum paid in consideration of this Release and Settlement Agreement is intended to and
does release and discharge any and all claims by claimants against the City arising from
this incident, including such unknown or future complications, whether suspected or
unsuspected as a result of the incident. The parties hereto have specifically bargained
for and contemplated the assumption of risk by the undersigned claimants for future
unknown injuries caused by the incident.
RELEASE AND SETTLEMENT AGREEMENT - 2
s '
8. There is no intent by the claimants or the City to benefit any other parties
and the sole intent is that this Agreement should redound to the benefit of the claimants
and the City and its employees.
9. This Agreement is being made for the sole benefit of the parties hereto
under the sound policy of the law favoring the settlement of litigation, which policy
would be, to some extent, impaired if any other party liable, or who may be claimed to
be liable for the above described injuries, receives any benefit of any kind whatsoever
by way of discharge of its liability, either in whole or in part.
10. Claimants expressly reserve all rights and actions, claims and demands
against any and all other persons or entities, to specifically include claims against
parties that are not parties to this Agreement.
11. In entering into this Settlement Agreement, claimants acknowledge and
agree that City representatives have recommended to Mrs. Bussey that Mrs. Bussey and
Mr. Bussey should consult with an attorney about the claim, the settlement and the
Release and Settlement Agreement, and claimants have chosen not to do so. Claimants
acknowledge that the terms of this Agreement have been completely read by them and
that those terms are fully understood by claimants.
AGREEMENT
1. In consideration of the payment of $18,000, made payable to "Carolyn M.
Bussey and Ronald L. Bussey", and the payment of outstanding medical bills incurred
by Mrs. Bussey through August 26, 2009 to be paid directly to the medical providers in
the total amount of $8,025.70 (these amounts are hereafter referred to as "said sum "),
claimants agree not to further prosecute this claim relating to claimants' injuries and/or
damages and/or any other action relating to any of claimants' alleged injuries and/or
damages against the City and/or its employees relating to or arising out of the incident.
2. In further consideration of the payment of said sum, claimants covenant
and agree with the City that claimants, claimants' spouse(s), representatives of
claimants' estates, claimants' beneficiaries, heirs, children, grandchildren, successors
and assigns will never, by reason of any matter or cause heretofore occurring or by any
reason of any matter or cause hereafter occurring relating to claimants' alleged injuries
and/or damages from or arising out of the incident (whether said matter or cause is
RELEASE AND SETTLEMENT AGREEMENT - 3
known or unknown, developed or undeveloped, at the date of executing this Release
and Settlement Agreement) institute suit or action at law or in equity or otherwise
execute any judgment against the City, the City's former, present, or future elected
officials, officers, attorneys, employees, City of Yakima Wastewater Division, insurers,
successors, and assigns, nor in any way aid in the prosecution against any of them of
any claim, demand or action for damages, death, costs, loss of service, support or
consortium, expenses or compensation for loss to person, property, or both, including
wrongful death claims, whether developed or undeveloped.
3. In further consideration of said sum, claimants agree, represent and
warrant that claimants realize and acknowledge, and agree to assume the risk, that
actual matters now unknown, unanticipated or misunderstood by claimants in
connection with claimants' alleged injuries and/or damages from the incident may
have given or hereafter give rise to causes of action, claims, losses and expenses which
are presently unknown, unanticipated or unsuspected, or misunderstood, and further
agree, represent and warrant that the releases in this Release and Settlement Agreement
have been negotiated and agreed to in light of that realization that claimants
nevertheless intend to release, discharge, and acquit the City, and the City's former,
present, or future elected officials, officers, attorneys, employees, City of Yakima
Wastewater Division, insurers, successors, and assigns from any such unknown or
unsuspected causes of action, claims, demands, debts, controversies, damages, costs,
losses and expenses which in any way are related to claimants' injuries from or arising
out of the incident.
4. In further consideration of said sum, the claimants covenant and agree
with the City, that claimants, claimants' spouse(s), representatives of claimants' estate,
claimants' heirs, children, successors and assigns will indemnify and hold harmless the
City, and the City's former, present and future elected officials, officers, agents,
attorneys, employees, City of Yakima Wastewater Division, insurers, successors, and
assigns, as to any claims relating to the alleged injuries or damages of claimants
resulting from or arising out of the incident which may be made against any or all of
them by the parents or children of, the estates of, or the personal representatives) of or
the beneficiaries of claimants, including but not limited to all costs and attorneys fees
incurred in the defense of such action. The released parties retain the right to monitor
the defense of any such claim or action.
RELEASE AND SETTLEMENT AGREEMENT - 4
5. The parties agree that this is a final release and settlement of the
claimants' claims against the City relating to or arising out of the incident. The parties
further believe that this Release discharges the City, and its employees from all liability,
including for contribution or indemnity, and extinguishes all such claims, and that no
other person or entity is entitled to bring contribution, indemnity, or other claims
against the City, or the City's current, future or former employees related to or arising
out of the incident. However, in the event any such claims are ever asserted by any
person or entity, in further consideration of the check for said sum, the claimants agree
to defend, indemnify and hold harmless the City, and the City's former, present and
future elected officials, officers, attorneys, employees, City of Yakima Wastewater
Division, insurers, successors, and assigns, from any and all claims, third party claims,
or contribution claims that may be made by any other person or entity, relating to or
arising out of the incident, including but not limited to all costs and attorneys fees
incurred in the defense of such action. The released parties retain the right to monitor
the defense of any such claim or action.
6. In consideration of the check for said sum, the claimants agree to
indemnify and hold harmless the City, and the City's former, present and future elected
officials, officers, attorneys, employees, City of Yakima Wastewater Division, insurers,
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 claimants resulting from or
arising out of the incident and from the subrogation claim of any third party arising
from the alleged injuries of claimants relating to the incident, which agreement
includes, but is not limited to medical expenses, workers compensation, PIP payments,
disability payments, Department of Labor & Industries' payments, Medicare payments,
or any other payment or benefit which might afford a third party any claim against the
consideration paid for this release. Claimants agree to be responsible to satisfy all liens
and any outstanding subrogation claims. The claimants shall be responsible for and
satisfy any and all medical bills incurred after August 26, 2009. The claimants warrant
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.
7. It is specifically understood and agreed that this Release and Settlement
Agreement 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, or its employees
RELEASE AND SETTLEMENT AGREEMENT - 5
and the parties hereby released, and that said releasee(s) deny liability therefore. This
Agreement 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 Release and Settlement Agreement, if otherwise
admissible, may be introduced into evidence at any proceeding between or among the
parties to enforce its terms.
8. By executing this release each of the undersigned parties affirm their
intention to release all of the released claims, both known and unknown, suspected or
unsuspected, vested or contingent, past, present or future occurring before the effective
date of this agreement.
IN WITNESS WHEREOF, this Agreement has been signed by Carolyn M. Bussey
and Ronald L. Bussey, wife and husband; by the City Manager of the City of Yakima;
and by an attorney for the City.
DATED this ay of August, 2009.
Carolyn ussey
Birthdate: --?e,
Social Security No.:
6,6-
nald L. Bussey
Birthdate:
Social Security No.:JEMNEEEEW
RELEASE AND SETTLEMENT AGREEMENT - 6
STATE OF WASHINGTON )
)ss.
COUNTY OF YAKIMA )
On this day personally appeared before me Carolyn M. Bussey, to me known to
be the individual described herein and who executed the foregoing instrument, having
acknowledged to me that the same was signed by her as a free and voluntary act and
deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal this � day of August, 2009.
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214
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STATE OF WASHINGTON )
)ss.
COUNTY OF YAKIMA )
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PRINT NAME: 6euerlt4 tt
NOTARY PUBLIC in and for he State of
Washington, residing at y kt'ma, bJ l-9
My commission expires: Q
On this day personally appeared before me Ronald L. Bussey, to me known to be
the individual described herein and ' who executed the foregoing instrument, having
acknowledged to me that the same was signed by him as a free and voluntary act and
deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal this `3 )a day of August, 2009.
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®o�Wssro PRINT NAM : eve r
�`� NOTARY PUBLIC in and for the State of
ym Vor Washington, residing at Q r' Wfi
My commission expires:
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RELEASE AND SETTLEMENT AGREEMENT - 7
CITY OF YAKIMA
By: � �
R.A. Zais, Jr.,-(ifty Manager
ATTEST:
City Clerk
CITY OF YAKIMA LEGAL DEPARTMENT
By& 0. U�
Helen A. Harvey, WSBA o. 5654
Senior Assistant City Attorney
Attorney for City of Yakima
CTTV CONTRACT NO: g
RESOLUTION N0:
RELEASE AND SETTLEMENT AGREEMENT - 8