ortiz whitlock release and settlement agreement

6
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 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 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, -1-

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7/26/2019 Ortiz Whitlock Release and Settlement Agreement

http://slidepdf.com/reader/full/ortiz-whitlock-release-and-settlement-agreement 1/6

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,

-1-

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,

.,

-

z--

7/26/2019 Ortiz Whitlock Release and Settlement Agreement

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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,

-3-

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

-4-

7/26/2019 Ortiz Whitlock Release and Settlement Agreement

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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

L.

ID

No.

u9257

Cofinthgilt

Fob.

6,

I,,

Teülr

t'¡otrryR¡büc,þ

Sürtc ¡t

*yCqiltti{dt

3r92 7

-5-

Y

C

7/26/2019 Ortiz Whitlock Release and Settlement Agreement

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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-