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HomeMy WebLinkAboutContracts & Agreements_182-2004_CCv0001.pdf A 0 IN L N10 GENERAL RELEASE AND SETTLEMENT AGREEMENT Onthe Z17dayof 2004, Lauren Harmon (hereinafter "Lauren Harmon"), hereby executes this General Release and Settlement Agreement (hereinafter "AGREEMENT") in favor of the City of Redlands (hereinafter "CITY"). I. WHEREFORE, on or about August 3, 2003, Lauren Harmon claims to have suffered injuries and damages as a result of a forced blood draw following her arrest, hereinafter referred to as the "OCCURRENCE." 11. WHEREFORE, on or about March 15, 2004, Lauren Harmon commenced a civil action against CITY in the United States District Court, seeking to recover damages for injuries and medical expenses and other damages she allegedly suffered as a result of the OCCURRENCE, said lawsuit being entitled, Lauren Harmon Plaintiff, vs. CITY OF REDLANDS, Redlands Police Chief JIM BUEERMANN in his individual capacity, Police Officer HERRERRA, i.d. #3543, Cpl RALPH KNAPP, Police Officer I. Hopkins, and DOES 1-10 in their individual and official capacities, Defendants. 111. WHEREFORE, Lauren Harmon and CITY desire to fully compromise and settle all disputes between them, including all issues and claims that have, could or should have been raised in the lawsuit. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements hereafter set forth and the exchange of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lauren Harmon agrees as follows: 1. Dismissal of the Lawsuit with Prejudice. Lauren Harmon shall dismiss the lawsuit with prejudice without assessment of costs or fees and shall execute and file with the court a Request for Dismissal Counsel for Lauren Harmon shall mail to counsel for CITY a file endorsed copy of the filed Request for Dismissal. Each party Page I of 6 shall pay its or their own attorneys' fees, costs and expenses incurred in connection with the lawsuit and the settlement and compromise of all claims pursuant to this AGREEMENT not otherwise covered by Item 2 below. 2. Payment to Lauren Harmon. In exchange for the promises made in this AGREEMENT, CITY shall pay to Lauren Harmon the total sum of Seventeen thousand dollars ($17,000.00) dollars for all alleged damages and costs of suit. Such payment shall be in the form of a good will, valid and negotiable check payable to Joe H. Freeman, and shall be delivered to the Law Offices of Joe H. Freeman on after the AGREEMENT is executed by all parties. The receipt of said payment and the adequacy thereof as consideration of this AGREEMENT is acknowledged by the notarized execution of the General Release and Settlement Agreement. 3. Non-Admission of Liability. While agreeing to compromise and settle this disputed claim, CITY denies any and all liability to Lauren Harmon and to any and all other parties. Nothing in this AGREEMENT shall constitute precedent or evidence in any other proceeding, with the exception that this AGREEMENT shall be admissible evidence in any proceeding to enforce the terms hereof. 4. Confidentiality of Agreement. Lauren Harmon and her counsel hereby covenant and agree not to disclose any of the terms or conditions of this AGREEMENT to any person or entity not a party to this AGREEMENT, unless required by law to do so to the extent that the payments made herewith are to be reflected summarily on the payor's or payee's financial or income tax statements. Lauren Harmon and her counsel may disclose the fact that the lawsuit has been settled amicably without the necessity of trial and that he is prohibited by the settlement agreement from any further disclosure of the settlement terms. Lauren Harmon additionally agrees not to voluntarily testify regarding the OCCURRENCE, her alleged injuries or this settlement in any legal proceeding brought by any third party against CITY. 5. Covenant Not to Sue City. Lauren Harmon covenants and agrees never to sue, institute, cause to institute, assist in instituting or permit to be instituted any proceeding in any court or any claim, complaint or other proceeding filed with any administrative or regulatory body, state or federal, against CITY or any of its past and present agents, servants, employees, claims administrators and/or law firm, from any and all actions, causes of action, obligations, costs or attorneys, to charge any of them with any liability for or in any other way complain of their conduct based on or account of any claims, controversies, actions, causes of action, demands or liabilities of any nature whatsoever that are covered by this AGREEMENT, other than an action to Page 2 of 6 enforce this AGREEMENT. Lauren Harmon further convents and agrees to defend, indemnify and hold CITY in defending against or prosecuting any claim, suit or judgment by reason of Lauren Harmon' failure to comply with this paragraph. 6. Covenant Not to Sue City Employees. Lauren Hannon covenants and agrees never to sue, institute, cause to institute, assist in instituting or permit to be instituted any proceeding in any court or any claim, complaint or other proceeding filed with any administrative or regulatory body, state or federal, against CITY, its past and present agents, servants, employees, claims administrators and/or law firm, from any and all actions, causes of action, obligations, costs or attorneys, to charge any of them with any liability for or in any other way complain of their conduct based on or account of any claims, controversies, actions, causes of action, demands or liabilities of any nature whatsoever that are covered by this AGREEMENT, other than an action to enforce this AGREEMENT. Lauren Harmon further convents and agrees to defend, indemnify and hold harmless CITY from any and all costs, liability, expenses and attorneys' fees incurred by CITY in defending against or prosecuting any claim, suit or judgment by reason of Lauren Harmon's failure to comply with this paragraph. 7. Warranty of No Assignments. Lauren Harmon warrants and represents that: (a)s he has neither made nor suffered to be made nor will make any assignment or transfer of any right, claim, demand, cause of action, debt, lien, contract, agreement, promise, representation, tort, damage, costs, attorney's fees, monies due on accounts, obligation, judgment or liability covered by this AGREEMENT; (b) that there are no liens, claims for liens or assignments in law or equity of or against the foregoing, including any worker's compensation or attorneys' claims or liens; (c) that she is the sole and absolute legal and equitable owner of all thereof. The foregoing warranties or representations are consideration for this AGREEMENT, the failure or breach of which shall entitle CITY, at their sole option, to render this AGREEMENT void and require Lauren Harmon to return all consideration paid. 8. Reliance Upon Own Judgment. Lauren Harmon warrants and represents that she has relied upon her own judgment and that of her legal counsel regarding the proper, sufficient and agreed upon consideration for the terms and provisions of this AGREEMENT and that no statements or representations, implied or expressed, made by CITY or their respective agents, employees, directors or legal representatives have influenced or induced her to execute this AGREEMENT. Lauren Harmon assumes the risk of any mistake of fact and/or facts which are unknown to her relating in any way to this AGREEMENT. Page 3 of 6 9. Waiver of Unknown Claims. Without limiting this AGREEMENT, Lauren Harmon understands and agrees that by executing this AGREEMENT she waives any rights, statutory or otherwise, to any claims against CITY of which she does not now know or expect to exist in her favor at the time of execution. Lauren Harmon understands that Civil Code of State of California Section 1542 provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by her, must have materially affected her settlement with the debtor. and that she is EXPRESSLY WAIVING HER RIGHTS under the aforesaid statute. 10. Release of City. For herself and her heirs, successors an assigns Lauren Harmon, hereby releases and discharges CITY and their past and present agents, servants, employees and attorneys from any and all liabilities, obligations, claims, actions, causes of action and demands of any kind or nature that have accrued as of the date of this AGREEMENT, whether known or unknown, that Lauren Harmon or her heirs, successors or assigns had, now have or may have against CITY, its past and present agents, servants and employees, attorneys or assigns, whether any such claim or matter has or might have been asserted in the lawsuit including, but not limited to, those arising out of, based on or in any way connected with the OCCURRENCE and injuries to Lauren Harmon on or about August 3, 2003, and damages resulting therefrom. Each of the undersigned parties to this agreement does hereby forever release and discharge each other party to this AGREEMENT and any of their past and present agents, attorneys, claims administrators, servants, employers and employees from any and all actions, causes of actions, obligations, costs, attorney's fees, and each of them and each and every agent, employer, employee and their representative thereof, from any and all actions, causes of action, obligations, costs, attorney's fees, damages, losses, claims, liabilities and demands of whatever character, including but not limited to, the generality of the foregoing releases and any and all causes of action or claims of whatever character and all matters alleged and which could or would have been alleged in the action filed in the United States District Court, and designated as Case NO. EDC-VO4-0294 VAP (SGLx) and entitled, Page 4 of 6 Lauren Harmon Plaintiff, VS. CITY OF REDLANDS, Redlands Police Chief JIM BUEERMANN in his individual capacity, Police Officer HERRERRA, i.d. #3543, Cpl RALPH KNAPP, Police Officer I. Hopkins, and DOES 1-10 in their individual and official capacities, Defendants. 11. Release of City Employees. For herself and her heirs, successors and assigns, Lauren Harmon hereby releases and discharges CITY, its past and present agents, servants, employees and attorneys from any and all liabilities, obligations, claims, actions, causes of action and demands of any kind or nature that have accrued as of the date of this AGREEMENT, whether known or unknown, that Lauren Harmon or her heirs, successors or assigns had, now have or may have against CITY's past and present agents, servants, employees, insurers, attorneys or assigns, whether any such claim or matter has or might have been asserted in the lawsuit, including, but not limited to, those arising out of, based on or in any way connected with the OCCURRENCE and injuries to Lauren Harmon on or about August 3, 2003 and damages resulting therefrom. Lauren Harmon expressly releases CITY of any and all vicarious liability, respondeat superior or other liability for the acts of any of its past or present employees arising out of OCCURRENCE. 12. Entire Agreement. The terms and conditions of this AGREEMENT shall constitute the entire agreement in compromise and settlement of the lawsuit as to CITY and all other claims and matters that Lauren Harmon could have asserted against CITY. 13. Agreement Governed by California Law. This AGREEMENT is to be governed by the laws of the State of California, being the site of the OCCURRENCE, the CITY residence and the lawsuit. If any portion, words or section of this AGREEMENT is voidable or against public policy by a court of competent jurisdiction, then that voidable word, portion or section shall be considered separate from the balance of this agreement which will be valid. 14. Binding on Successors and Assigns. All the terms and conditions of this AGREEMENT and its exhibit shall be binding upon and inure to the benefit of the parties hereto and her respective heirs, successors and assigns. Page 5 of 6 15. Authority of Signatory. Lauren Harmon is of legal age and under no disability and have the mental capacity to legally bind herself and does so willingly. 16. Triplicate Originals. This AGREEMENT shall be executed in three (3) triplicate originals, each which shall constitute an original of this AGREEMENT. This AGREEMENT consists of six (6) pages. 17. Ca tions. The captions used herein are for convenience and identification purposes only and are not part of this AGREEMENT. APPROVED AS TO FORM AND CONTENT: FERGUSON, PRAET & SHERMAN -- ftr— Dated: OgtGffi�f > , 2004 By: 1 Diana L. Field, Attorneys for Defendants APPROVED AS TO FORM AND CONTENT: Law Offices of Joe H. Freeman Dated: ,e , 2004 By: Joe If Freeman, Attorney for Plaintiff, Lauren Harmon Dated: C (tet'.✓ 2-0 , 2004 By: Lauren Harmon Page 6 of 6 AGENDA ITEM NO. — q COUNCIL MEETING OF 12/7/04 REQUEST FOR COUNCIL ACTION SUBJECT: General Release and Settlement Agreement-Lauren Harmon Attached is a copy of a General Release and Settlement with Lauren Harmon for personal injury. The City Council authorized settlement of this lawsuit and this Agreement reflects the Council's terms and conditions for settlement. In accordance with the requirements of the Brown Act, the agreement is on your agenda to notify the public of the settlement agreement. No action is necessary by the City Council, Prepared by: Concurrence: Linda Emmerson Leslie E. Murad, 11 Executive Assistant Assistant City Attorney Recommended by: Jotlfn Dvidson CAanager