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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. c,0�bllss��a •� 214 HI NG�O STATE OF WASHINGTON ) )ss. COUNTY OF YAKIMA ) a. ee,mrk. , &S6► 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. 14FR01 c & 14,AUS4 ®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: O<C,�BFR SHIN 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