HomeMy WebLinkAboutDockins, Glen - Release and Settlement Agreement RELEASE AND SETTLEMENT AGREEMENT
PARTIES
THIS RELEASE AND SETTLEMENT AGREEMENT is between Glen Edward
Dockins, a single person, claimant (hereafter "claimant "), and the parties being released
in this Release and Settlement Agreement: the City of Yakima (referred to in this
Release and Settlement Agreement as the "City ") and Randal Baker (referred to in this
Release and Settlement Agreement as "Baker ").
RECITALS
1. Claimant filed a Claim for Damages with the Yakima City Clerk on
March 6, 2006, alleging personal injuries and damages related to and resulting from an
incident on December 21, 2005, relating to the physical contact he had with a Yakima
Police Department vehicle in Yakima, Washington and /or his arrest. This incident
occurred when claimant was eluding police officers in a vehicle, and then exited that
vehicle on Fair Avenue and unintentionally was impacted by a Yakima Police
Department vehicle driven by Officer Randal C. Baker. The incident and all claimant's
other allegations and claims referred to in claimant's Claim for Damages and /or
"Complaint for Personal Injuries and Violation of Civil Rights ", and any other claims
arising out of or related to any of claimant's other contacts with or claims against the
Yakima Police Department and/or the City of Yakima, are hereafter referred to in this
Release and Settlement Agreement as "the incidents." The document entitled
"Complaint for Personal Injuries and Violation of Civil Rights" was not filed in court or
served on the City or Baker. All entities, companies and persons being released in this
Release and Settlement Agreement deny and have denied that they are liable for
injuries or damages to claimant Glen E. Dockins, including past, present and / or future
injuries or damages.
2. Claimants and the City of Yakima and Baker 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 disputed claims, including but not limited to those claims asserted in the
claim for damages referenced above and any other claim for damages filed by claimant,
and other claims against the City, and those which claimant, as part of this settlement,
RELEASE AND SETTLEMENT AGREEMENT - 1
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has elected to forego against the City, CIAW, Canfield & Associates and Baker; and/or
against the City's, CIAW's, Canfield & Associates', or the City's former, present, or
future elected officials, officers, attorneys, employees, insurers, agents, participants,
successors and assigns, and the City of Yakima Police Department; or against the
spouse(s), heirs, insurers, attorneys and assigns of Baker. The payment made herein is
not to be construed as an admission of liability on the part of the parties and entities
hereby released, including by the City, CIAW, Canfield & Associates and Baker; or by
the City's, CIAW's, Canfield & Associates', or the City's former, present, or future
elected officials, officers, attorneys, employees, insurers, agents, participants, successors
and assigns, and the City of Yakima Police Department; or by the spouse(s), heirs,
insurers, attorneys and assigns of Baker, and that said releasees deny liability therefor.
Claimant agrees that this Release and Settlement Agreement is not intended to be
admissible against any party, person, or entity or company as an admission of any
liability and/or fault.
3. Claimant and the City agree that the sum of Sixteen Thousand Dollars
($16,000) (hereafter "said sum ") paid herein is in consideration of claimant's covenant
not to sue the City and to settle all of claimant's claims of all types relating to any and
all incidents.
4. Claimant and the released parties, companies and entities agree that said
sum to be paid herein is in consideration of claimant's agreement not to sue the City,
CIAW, Canfield & Associates and Baker; or the City's, CIAW's, Canfield & Associates',
or the City's former, present, or future elected officials, officers, attorneys, employees,
insurers, agents, participants, successors and assigns, and the City of Yakima Police
Department; or the spouse(s), heirs, insurers, attorneys and assigns of Baker, or to
further prosecute the claim or claims relating to the incidents. Claimant's release herein
broadly encompasses claims of all types, whether past, present or future, known or
unknown, and/or developed or undeveloped, relating in any way to or arising out of
the incidents.
5. 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 claimant and the City, CIAW,
Canfield & Associates and Baker, and no adjustment is ever to be made in the amount
paid to claimant.
RELEASE AND SETTLEMENT AGREEMENT - 2
6. Claimant understands that he may have suffered injuries or damages as a
result of or arising out of the incidents that are unknown at the present and that
unknown complications may arise in the future. Claimant acknowledges that the sum
paid in consideration of this Release and Settlement Agreement is intended to and does
release and discharge any and all claims, including past, present or future claims,
whether known or unknown, by claimant against the City, CIAW, Canfield &
Associates and Baker, or against the City's, CIAW's, Canfield & Associates', or the
City's former, present, or future elected officials, officers, attorneys, employees,
insurers, agents, participants, successors and assigns, and the City of Yakima Police
Department; or against the spouse(s), heirs, insurers, attorneys and assigns of Baker,
including such unknown or future complications, whether suspected or unsuspected.
The parties hereto have specifically bargained for and contemplated the assumption of
risk by the undersigned claimant for future unknown injuries caused by or related in
any way to the incidents.
7. In entering into this Release and Settlement Agreement, claimant
represents that he has relied on the advice of his attorney and that the terms of this
Release and Settlement Agreement have been completely read and explained to him by
his attorney and that those terms are fully understood by claimant.
AGREEMENT
1. In consideration of the payment of the sum of Sixteen Thousand Dollars
($16,000.00) (hereafter "said sum "), made payable to "Michael A. Rembolt Law Office
Trust Account, claimant's attorney ", receipt of which is acknowledged, claimant agrees
not to further prosecute the above- referenced claim or any potential claim relating to his
past, present and / or future injuries and/or damages and / or any other action relating
to or arising from the incidents, whether known or unknown, developed or
undeveloped.
2. In further consideration of the payment of said sum, claimant agrees with
the City, CIAW, Canfield & Associates and Baker that claimant, his spouse(s),
representatives of his estate, his 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 or arising out of claimant's
RELEASE AND SETTLEMENT AGREEMENT - 3
alleged injuries and / or damages from the incidents, whether said matter or cause is
known or unknown, developed or undeveloped, institute suit or action at law or in
equity or otherwise execute any judgment against the City, CIAW, Canfield &
Associates and Baker; or against the City's, CIAW's, Canfield & Associates', or the
City's former, present, or future elected officials, officers, attorneys, employees,
insurers, agents, participants, successors and assigns, and the City of Yakima Police
Department, or any investigators retained by the City; or against the spouse(s), heirs,
insurers, attorneys and assigns of Baker, 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, attorneys fees, or compensation for loss to person,
property, or both, including wrongful death claims, whether developed or
undeveloped, related to or arising in any way from the incidents.
3. In further consideration of the payment of said sum, claimant agrees,
represents and warrants that claimant realizes and acknowledges, and agrees to assume
the risk, that actual matters now unknown, unanticipated or misunderstood by
claimant in connection with claimant's alleged injuries and / or damages from the
incidents 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 agrees, represents and warrants that the releases in this
Release and Settlement Agreement have been negotiated and agreed to in light of that
realization that claimant nevertheless intend to release, discharge, and acquit the City,
CIAW, Canfield & Associates and Baker; and the City's, CIAW's, Canfield &
Associates', and /or the City's former, present, or future elected officials, officers,
attorneys, employees, insurers, agents, participants, successors and assigns, and the
City of Yakima Police Department; and the spouse(s), heirs, insurers, attorneys and
assigns of Baker, from any such unknown or unsuspected causes of action, claims,
demands, debts, controversies, damages, costs, attorneys fees, losses and expenses
which in any way are related to claimant's injuries or damages from the incidents or
arising from the incidents, whether past, present or future and /or known or unknown.
4. In further consideration of the payment of said sum, the claimant
covenants and agrees with the City, CIAW, Canfield & Associates and Baker that
claimant, claimant's spouse(s), representatives of claimant's estate, and claimant's heirs,
children, successors and assigns, will defend, indemnify and hold harmless the City,
CIAW, Canfield & Associates and Baker; and the City's, CIAW's, Canfield &
RELEASE AND SETTLEMENT AGREEMENT - 4
Associates', and /or the City's former, present and future elected officials, officers,
attorneys, employees, insurers, agents, participants, successors, and assigns, and the
City of Yakima Police Department; and the spouse(s), heirs, insurers, attorneys and
assigns of Baker, as to any claims relating to the alleged injuries or damages of claimant
related to or resulting or arising out of the incidents which may be made against any or
all of them by the parents or children of, the estates of, or the personal representative(s)
of or the beneficiaries of claimant, including but not limited to all costs and attorneys
fees incurred in the defense of such action. The released parties and entities retain the
right to monitor the defense of any such claim or action.
5. The parties agree that this is a final release and settlement of the
claimant's claims against the City, CIAW, Canfield & Associates and Baker. The parties
further believe that this Release and Settlement Agreement discharges the City, CIAW,
Canfield & Associates and Baker 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, CIAW,
Canfield & Associates and Baker; or against the City's, CIAW's, Canfield & Associates',
and /or the City's former, present and future elected officials, officers, attorneys,
employees, insurers, agents, participants, successors, and assigns, and the City of
Yakima Police Department; and /or against the spouse(s), heirs, insurers, attorneys and
assigns of Baker, related to or arising from the incidents. However, in the event any
such claims are ever asserted by any person or entity, in further consideration of the
payment of said sum, the claimant and claimant's attorney agree to defend, indemnify
and hold harmless the City, CIAW, Canfield & Associates and Baker; and the City's,
CIAW's, Canfield & Associates', and /or the City's former, present and future elected
officials, officers, attorneys, employees, insurers, agents, participants, successors and
assigns, and the City of Yakima Police Department; and the spouse(s), heirs, insurers,
attorneys and assigns of Baker, 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 incidents, including but not limited to all costs and attorneys fees
incurred in the defense of such action. The released parties and entities retain the right
to monitor the defense of any such claim or action.
6. In further consideration of the payment of said sum, the claimant and
claimant's attorney agree to indemnify and hold harmless the City, CIAW, Canfield &
Associates and Baker; and the City's, CIAW's, Canfield & Associates', and/or the City's
RELEASE AND SETTLEMENT AGREEMENT - 5
former, present and future elected officials, officers, attorneys, employees, insurers,
agents, participants, successors and assigns, and the City of Yakima Police Department;
and the spouse(s), heirs, insurers, attorneys and assigns of Baker, from any and all liens
for medical services and related expenses arising now or in the future from the alleged
injuries of claimant resulting from the incidents and from the subrogation claim of any
third party arising from the alleged injuries of claimant relating to the incidents, which
agreement includes, but is not limited to medical expenses, any Medicare lien(s),
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. Claimant agrees to be
responsible to satisfy all liens and any outstanding subrogation claims. The claimant,
through his attorney Michael A. Rembolt, shall satisfy any outstanding medical bills
and any other lien(s) or creditors' claims concurrent with the disbursement to
claimant's attorney. The claimant 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. The claimant agrees that claimant will pay any attorney fees
and costs that claimant has incurred relating to the incidents and /or this matter.
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, CIAW, Canfield
& Associates and Baker and the parties hereby released, and that said releasee(s) deny
liability therefor. This Release and Settlement 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.
RELEASE AND SETTLEMENT AGREEMENT - 6
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8. By executing this release claimant affirms his intention to release all of his
claims, both known and unknown, suspected or unsuspected, vested or contingent,
and/or past, present or future, relating in any way to or arising out of the in.cidents,
whether occurring before or after the effective date of this agreement.
IN WITNESS WHEREOF, this Release and Settlement Agreement has been signed by
claimant Glen E. Dockins.
-44 ,7 )
DNIED this .g_.... day of -fttratt+.ry, 2009.
/ /
Glen Ethvard Dockins
STATE OF WASH] NG'l ON )
) ss.
COUNTY OF yAKimitk
)
O this day personally appeared before me Glen Edward Dockins, to me known
to be the individual described herein and who executed the foregoing instrument,
c iv acknowledged to me that the same was signed by hi in as a free and vii! on Lary
act and deed for the uses and purposes therein mentioned.
g-D WITNESS my hand and official seal [his 6 1
/ .. ea-Y
day of - - .' , -Y, 2009.
PRINT N A ivii:,
NOTARY Pli131...1(.:: in and for the State of
Washington, residing at
My commission expires:
REMBOUff LAW OFFICE
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Michael A. Rembolt, WSI3A No. 8721
Attorney for Glen E. Dockins •
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RELEASE AND SETYLEMENT AGREEMENT - 7
•
CITY OF YAKIMA
7 '
R.A. Zais, Jr., C 't Manager
ATTEST:
41 , ,
City Clerk '
SEAL,
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RELEASE AND SETTLEMENT AGREEMENT - 8
REMBO L T R L A OFFICE
312 W. Nora Avenue
Spokane, WA 99205 FEB 1 0 200j
(509) 328-4749
fax (509) 327 -7114 CITY LEGAL DEPT
MEMORANDUM OF TRANSMITTAL
February 6, 2009
Helen Harvey
City Of Yakima Legal Dept.
200 S. Third Street
Yakima, WA 98901 -2830
RE: Glen Dockins
}
Enclosed please find the following:
• Original executed Release and Settlement Agreement
For your information and records
k -- -- Per your request
Per our conversation
For signature and return
For filing and return of conformed copy
For your review and comment
For your immediate action
For payment
Other
REMARKS:
MICHAEL A. REMBOLT