HomeMy WebLinkAboutKing, Ronald D. and King, Alesia - Release and Settlement Agreement 05/ 11:49 FAX 509 575 6160 CITY OF YAKIMA LEGAL 01003/010
RELEASE AND SETTLEMENT AGREEMENT
PARTIES
THIS RELEASE AND SETTLEMENT AGREEMENT is between Ronald D. King
and Alesia King, husband and wife (hereafter "claimants "), and the CITY OF YAKIMA
(hereafter "City")_
RECITALS
1. Ronald D. and Alesia King filed a Claim for Damages with the City of
Yakima on August 11, 2003, alleging damages as the result of an incident that occurred
on August 10, 2003, when their dog, "Sasha," died as a result of being shot by Yakima
Police Department Officer lames D. Moore (hereafter referred to as "Moore ") when the
dog was outside a fenced yard in the City of Yakima and had displayed aggressive
behavior. On February 7, 2005, Ronald D. and Alesia King, who were represented by
attorney Adam P. Karp, filed a second claim for damages relating to the incident The
incident and all matters arising from or relating to the incident are hereafter referred to
in this Release and Settlement Agreement as "the incident."
2. 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 harndess
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 Moore, and that said releasees deny liability therefore. Claimants
and their attorney 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.
3. Claimants and the City agree that the sum of Nine Hundred Dollars
($900.00) to be paid herein is in consideration of claimants' covenant not to sue the City
and / or Moore, and to settle claimants' claims of all types relating to the incident.
ORIGINAL
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4. 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, the City, and Moore,
and no adjustment is ever to be made in the amount paid by the City.
5. 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 and Moore
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,
6. 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.
7. 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.
8. In entering into this Settlement Agreement, claimants represent that
claimants have relied on the advice of claimants' attorney and that the terms of this
Agreement have been completely read and explained to claimants by claimants'
attorney and that those terms are fully understood by claimants.
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AGREEMENT
1. In consideration of the payment of the sum of Nine Hundred Dollars
($900.00), made payable to "Adam P. Karp, Attorney for Ronald and Alesia King,"
receipt of which is hereby acknowledged, 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 ($900.00), claimants
covenant and agree with the City that claimants, claimants' spouse(s), representatives of
claimants' estates, claimants' beneficiaries, heirs, relatives, 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 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 and/or Moore, and the
City's former, present, or future elected officials, officers, attorneys, employees, City of
Yakima Police Department, successors, and assigns, or against the spouse(s), heirs,
insurers, attorneys and assigns of Moore, 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, from or arising
out of the incident.
3. In further consideration of said sum ($90100), 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
RELEASE AND SE r1LEMENT AGREEMENT - 3
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nevertheless intend to release, discharge, and acquit the City and Moore, and the City's
former, present, or future elected officials, officers, attorneys, employees, City of
Yakima Police Department, successors, and assigns, and the spouse(s), heirs, insurers,
attorneys and assigns of Moore, 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 ($900.00), the claimants covenant and
agree with the City and Moore that claimants, claimants' spouse(s), representatives of
claimants' estate, claimants' heirs, relatives, children, successors and assigns will
indemnify and hold harmless the City and Moore, and the City's former, present and
future elected officials, officers, agents, attorneys, employees, City of Yakima Police
Department, successors, and assigns, and the spouse(s), heirs, insurers, attorneys and
assigns of Moore, 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 relatives, estates of, or the personal representative(s) of or the
beneficiaries of claimants.
5. The parties agree that this is a final release and settlement of the
claimants' claims against the City and Moore 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 and its 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 ($900.00), the claimants agree to defend,
indemnify and hold harmless the City and Moore, and the City's former, present and
future elected officials, officers, attorneys, employees, City of Yakima Police
Department, successors, and assigns, and the spouses(s), heirs, insurers, attorneys and
assigns of Moore, 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.
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6. In consideration of the check for said sum ($900.00), the claimants agree to
indemnify and hold harmless the City and Moore, and the City's former, present and
future elected officials, officers, attorneys, employees, City of Yakima Police
Department, successors, and assigns, and the spouse(s), heirs, insurers, attorneys and
assigns of Moore, 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 and their attorney agree to be responsible
to satisfy all liens and any outstanding subrogation claims. The claimants, through
their attorney Adam P. Karp, shall satisfy any outstanding medical bills, if any, relating
to the incident concurrent with the disbursement to claimants.
7. It is understood and agreed that this 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 or Moore 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 Agreement, if otherwise admissible, may be introduced into evidence at
any proceeding between or among the parties to enforce its terms.
RELEASE AND sL r LEMENT AGREEMENT - 5
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IN WITNESS WHEREOF, this Agreement has been signed by Ronald D. King
and Alesia King, husband and wife, by claimants' attorney Adam P. Karp; by the City
Manager of the City of Yakima; and by an attorney for the City,
DATED this day of May, 2006.
Ronald D. King � j
r m
Asia King
- c S l 3 o..
RELEASE AND SLITLEMENX' AGREEMENT - 6
05/09/2006 11:50 FAX 509 575 6160 CITY OF YAKIMA LEGAL 0/009 /010
STATE OF WASHINGTON )
)ss.
COUNTY OF YAKIMA )
On this day personally appeared before me Ronald D. King, 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 u ani4ri,u poses therein mentioned.
W /` 9n)E d official seal this j' day of May, 2006.
•
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_Rat.) Pr-Lb C
$ N '. IS� p UBLI �o ° Z • PRINT NAME: QiV Ci R L N o A
ALI E MBER \ .1 & NOTARY PUBLIC in and for the State of L 6
F W AsY∎ •`• Washington, residing at ►'li
oisassas My commission expires: a
STATE OF WASHINGTON )
)ss.
COUNTY OF YAKIMA )
On this day personally appeared before me Alesia King, 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.
WIOic,rd and official seal this I I day of May, 2006.
ti
y •
• PRINT NAME: L. 1U c7 re z�
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m. = NOTARY PUBLIC in and for the State of
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Washington, residing °y6 t kc rt'
�• � ��;MBER �� ;� �0,0� $� g at
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My commission expires: q- 0 &
4 4. y �H WA �S�' .•`'• Y P
LAW OFFICE OF ADAM P. KARP
Adam Pe . rp, : A a 28622
Attorney for Claimants Ronald D. King and Alesia King
Tax I.D. Number: 254139562
RELEASE AND SETTLEMENT AGREEMENT - 7
05/09/2006 11:50 FAX 509 575 6160 CITY OF YAKIMA LEGAL 1010 /010
CITY OF YAKIMA
By:
R.A. Zais, Jr., City • Hager
ATTEST:
kA
_ / 6 rr -Q-
City Clerk
CITY OF YAKIMA LEGAL DEPARTMENT
By: --- 1 r/i— (2. e/2
Helen A. Harvey, MBA * 5654
Assistant City Attorney
Attorney for City of Yakima
RELEASE AND SErI'LEMENT AGREEMENT - 8
Vice Chair, ABA Animal Law Committee
WSBA Animal Law Section, Founder and Member
Washington State Trial Lawyer's Association, Eagle
0 I Member, Animal Legal Defense Fund
! Member, National Animal Control Association
Member, Washington Animal Control Association
Editor, Animal Legal Reports (Welfare & Law E?f)
ANIMAL LAW OFFICES Bellingham: (360) 738 -RARF (7273)
Outside Bellingham: (888) 430 - 0001
OF ADAM P. KARP, JD, MS Fax: (360) 392 -FYDO (3936)
114 W. Magnolia Street, Suite 425 E -Fax: (866) 652 -3832
Bellingham, Washington 98225 Email: adam @animal- lawyer.com
Web: www.animal - lawyer.com
By First -Class Mail
a
Wednesday, May 17, 2006 �
Helen Harvey
MAY 1 9 2006
Assistant City Attorney CITY LEGAL DEPT.
200 S. 3 St.
Yakima, WA 98901 -2830
(509) 575 -6030
RE: King v. COY and Moore
Dear Helen,
Enclosed please find the original notarized Release. Please send a conformed copy of the
original after execution along with the check for $900. Thank you for cooperation in resolving
this matter.
Respectfully,
ANIM • LAW OFFICES
FA
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suest . s s e
Cc: The Kings