ortiz whitlock release and settlement agreement
TRANSCRIPT
7/26/2019 Ortiz Whitlock Release and Settlement Agreement
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RELEASE
ND SETTLEMENT A
EMENT
This Release
and
Settlement
Agreement
(hereinafter Agreement )
is made and
entered
into
by
Plaintiffs
Tammie and
Pedro
Ortiz
(hereinafter the
Plaintiffs );Defendant/Third-Party
Plaintiff
David
C.
Whitlock
(hereinafter
Whitlock );
Third-Party
Defendant
t¡uisvilleÆefferson
County
Metro Government
(hereinafter
Louisville
Metro );
and
Intervening
Plaintiff
Guide
One
Mutual
Insurance
Company
(hereinafter
Guide
One )(hereinafter
collectively
the
Pafties ).
WHEREAS,
on or
about
November
I,2012,
Plaintiffs
filed
a
civil
action
in the Jefferson
Circuit
Court
against
Whitlock
stemming
from an
alleged shooting
which
occurred
on
or about
November
2,2011in
the
parking
lot
of
a
Walmart in
Jefferson County, Kentucky.
WHEREAS,
on or about
April
30,
z}I3,Whitlock
was
granted
leave by the
Jefferson
Circuit
Court
to
file
a
Third
Party Complaint
for declaratory
relief against
Louisville
Metro.
WHEREAS,
on
or about
July
22,20l3,Guide
One
was
granted
leave
by
the
Jefferson
Circuit
Court
to
file an Intervening
Complaint
for
Declaratory
Judgment.
WHEREAS,
the
Parties
now desire
to settle
and
resolve
any and
all claims
between
them,
or
any and
all claims
that
could
have
been
asserted
against
each of them,'either
at
state
law or
at
federal
law, or
in
any other
form
from
beginning
of
time
to the
date of the
signing
of
this
Agreement.
NOW,
THEREFORE:
1. All
claims
shall
be
voluntarily
dismissed
with
prejudice.
Z.
For
the
good and
valuable
consideration
of
Seventy-Five
Thousand
Dollars
and
No
Cenrs
($75,000.00)
payable to
the
Plaintiffs
by
Louisville
Metro
and
on
behalf
of Whitlock,
the
receipt
of which
is hereby
acknowledged,
the
Parties
enter
into
this
Release
of and
for any
and
all
claims
by
and between
the
Parties
hereto.
Plaintiffs
do for
themselves,
their
heirs,
executors,
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7/26/2019 Ortiz Whitlock Release and Settlement Agreement
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administrators,
successors
and assigns,
hereby
release
and
forever
discharge Whitlock,
I-ouisville
Metro
and Guide
One,
its
agents,
employers,
employees,
servants,
officers,
directors,
officials,
representatives,
insurers,
successors
and
assigns,
from
any and
all claims,
demands,
actions,
andlor
arbitration
award,
which
the
Plaintiffs
now
have
or
may have arising
out
of
the
facts of
this
case,
including
claims
for
negligence,
punitive
damages,
expenses
of
any
kind,
costs,
liens
of any
kind,
attorneys
fees, and
any
other
loss,
damage
or
expense,
resulting, or
to result,
from
the
alleged
acts
and/or
omissions
of Whitlock,
whether
acting
individually,
as
an
agent of
a
private
entity,
and/or
as
an
agent
of
a
governmental
entity,
pertaining,
in any
way, to
the
alleged
shooting
which
occurred
on
or about November
2,20I\
in
the
parking
lot of
a
Walmart in
Jefferson
County, Kentucky
3.
The Parties
acknowledge,
understand
and
agree
that
it
is
the
intent
and
purpose of
this
Agreement
that Whitlock,
l-ouisville
Metro,
and Guide
One
will
nevsr
have to
pay any sums
to
the
Plaintiffs,
or any
other
person or
entity,
on
account
of
any and
all
claims
that
have
been
asserted,
or
could
have been
asserted
against
Whitlock,
Louisville
Metro or Guide
One
from the
beginning
of
time
until
the execution
of this
Agreement.
4.
The
Parties acknowledge,
understand,
and agree
that
the
damages
that
have
been
allegedly
sustained,
and
the alleged
legal
liability
thereof,
are
disputed
and denied,
and
that
the
purpose
of this
Agreement
is to compromise
and
terminate
all claims,
including
all
claims
for
costs,
attorneys
fees, and
both
known
and
unknown
injuries
and damages
of whatsoever
nature,
including
all
future
developments
thereof,
from
the
beginning
of
time
until date
of
the
execution
of
this
Agreement.
5.
The Parties
acknowledge,
understand,
and
agree
that
the
release
of
claims
set
forth
herein
is a compromised
settlement
of a
bona
fide
disputed
claim
in
which
the
liability
of
Whitlock,
.,
-
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I-ouisville
Metro and
Guide
One
Defendants
is
specifically
denied,
that the
purpose of
this settlement
is to
avoid
trial
expense,
attorneys
fees
and other
costs,
and
that
the
payment
of
settlement
monies
is
not
to be, and
will
not be, construed
as
an
admission
of
liability on the
part
of
Whitlock,
l¡uisville
Metro
or
Guide
One.
6.
The
Plaintiffs
acknowledge,
understand,
and
agree that
this
Agreement
shall
apply
to
all
unknown
and unanticipated
injuries
and
damages
resulting
from the
matters
referred
to
herein,
as
well
as those
injuries
and
damages
now disclosed.
7
.
The
Plaintiffs
acknowledge,
understand,
and aglee
that
Whitlock,
I-ouisville
Metro
or
Guide
One have
not
made
any
agreement or
promise
to
make
any
payment not herein mentioned,
and
that
this
is
a
full and
final
release
of
all
claims
of
every
nature and
kind
whatsoever
that
Plaintiffs
may have
against Whitlock,
I-ouisville
Metro
or
Guide
One.
8.
The
Plaintiffs
hereby
covenant
and
agree
to hold
harmless
and
indemnify
Whitlock,
I-¡uisville
Metro
and Guide
One,
along
with
their
employees,
successors,
subsidiaries,
and
assigns,
from any
and all claims,
claims
for relief,
actions,
causes
of
actions,
demands,
lawsuits,
intervening
claims,
third-party
claims,
cross-claims,
and/or
any
other
claim
of any
kind
or
description
whatsoever,
whether
arising
out
of
contract,
tort,
subrogation,
arbitration,
or
otherwise,
in
law or
in
equity,
which are,
have
been
and/or
may
be
made
on
behalf or
in
place against
\Whitlock,
l¡uisville
Metro
or
Guide
One
for any
damages,
punitive
damages,
losses,
injuries,
death,
fees,
costs,
attorney s
fees, expenses
and/or
compensation
of
any
nature whatsoevel,
including
but
not limited
to
any
claims
for subrogation,
indemnity,
reimbursement,
medical
liens, or
other
liens,
arising
out
of or
in
any
manner
pertaining
to
the
facts
asserted
in
and/or
the subject
matter
of the
aforestated
legal
action.
Such
aforesaid
agreement
to
hold
harmless
applies
to
any
and
all
claims
that
Whitlock,
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7/26/2019 Ortiz Whitlock Release and Settlement Agreement
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L,ouisville
Metro or
Guide
One
were
negligent
and/or
in
any
way at
fault
in
causing
and/or
contributing
to
cause
said
damages,
punitive damages,
losses,
injuries, death,
fees, costs,
attorney s
fees, expenses
and/or
compensation
of
any
nature
whatsoever.
g.
The Parties
acknowledge,
understand
and agree
that
if
Plaintiffs,
their
heirs,
executors,
administrators,
successors
or
assigns,
is the
Medicare
and/or
Medicaid
and/or
Passport
beneficiary,
the Plaintiffs
acknowledge
that
they
have
reported
this claim
to the
Centers
for
Medicare
and
Medicaid
Services
or other
appropriate
agency.
They agree
to
reimburse
Medicare
and/or
Medicaid
and/or
Passport
out of these
settlement
proceeds
for
any and
all
conditional
payments
that
Medicare and/or
Medicaid
and/or
Passport has
made
in
the past
or that may
be
made
in
the
future
related
to the above
described
occurrence.
They
further
agree
to
hold
harmless
and
to
indemnify
those
herein
released
from any
and
all claims
by
Medicare
and/or
Medicaid
and/or
Passport
and any
other
claim
based
upon
reimbursement
rights
created
either
legally or
contractually.
10.
This
is a
full settlement
and
release
of all
claims
with
each
party
to
bear
their
own
respective
costs
and
attorney
fees.
11.
This Release
and
Settlement
Agreement
shall
be construed
under
Kentucky
law.
IZ.
Any
modifications
to
this
Release
and Settlement
Agreement
shall
be
in
writing
signed
by
all the
Parties.
13.
This
Release
and
Settlement
Agreement
shall
not
be
considered
as
having
been
drafted
by
any
of the
parties,
the
Parties
have
each
had
a
full
opportunity
to
consult
with
legal
counsel
and to
advise
them
about
the
terms
of this
Release
and Settlement
Agreement.
74.
The
Parties
declare
and
represent
that
no
promise,
inducement,
or
agreement
not
set
forth
herein
has
been
made to
them,
that
this
Agreement
contains
the
entire
agreement
between
the
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Parties
hereto,
and
that
it has
been
fully
read
and
explained
to
them
by
counsel,
and
that
by so
executing,
they
full understand
its
terms.
15.
Each
party
is responsible
for
their
own
legal,
tax and
administrative
consequences
of
this
Agreement.
Entered
into this
L
day
of
J
qJrl
t
20t6
Tammie Ortiz
COMMON\ryEALTH
OF
KENTUCKY
COUNTY
OF JEFFERSON
LNE
2076
and
sworn
to
before
me
by
Tammie Ortiz
on
th
i,
L
day
of
My commission
expires:
Ortiz
COMMONWEALTH
OF
KENTUCKY
COUNTY
OF
JEFFERSON
2016.
My
commission
expires:
and
sworn
to
before
me
by
Pedro
Ortiz
on this
L
day of
L
L¿z
NOTARY
C
o/o/z:-
I
l'¡ottry
Strte
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ID
No.
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Cofinthgilt
Fob.
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HAVE SEEN
AND
AGREED
TO
û-lAùa-,K.0AJ
Maury D. Kommor
Maury
D. Kommor
Associates,
PLLC
1205 South
Third
Street
l¡uisville,
KY
40203
Phone:
(502) 719-7325
Counsel
for
Plaintiffs
Tammie
and
Pedro Ortiz
Chris J
McBrayer, McGinnis, læslie
Kirkland, PLLC
9300
Shelbyville
Rd.,
Suite
110
l¡uisville,
KY 40222
Phone:
(502)327-5400
Counsel
for
David C. Whitlock
Peter F. Ervin
Assistant
Jefferson
County
Attorney
Office
of
Mike O'Connell
-
Jefferson
County
Attorney
531
Court
Place, Suite
900
l¡uisville,
KY 40202
Phone:
(502) 514-6621
Counsel
for
Louisville[efferson
County
Metro Government
Jo
Shouse,
LLP
220 West
Main
Street,
Suite
1900
Louisville,
KY 40202
Phone:
(502)589-7616
Counsel
for
Guide
One
Mutual
Insurance
Company
-6-