HomeMy WebLinkAboutContracts & Agreements_38-2019RELEASE OF LIABILITY
IN CONSIDERATION of the payment of the sum of Twenty -Five Thousand and no/100
($25,000 00) Dollars, to be paid in the manner described below, Aaron Jenkins, individually
and on behalf of his family members, dependents, assigns, heirs, beneficiaries, personal
representatives, insurers, subrogees, and all other claimants in interest, and City of Redlands,
a Cahfornia Municipal Corporation, on behalf of its officials, employees, assigns, agents,
insurers, subrogees, and all other claimants in interest, hereafter collectively referred to as the
Releasors ("Releasors"), do hereby covenant and agree as follows
1 Releasors forever fully release and discharge RANDY JONES and SOUTHWEST
GENERAL INSURANCE COMPANY, together with their respective heirs, devisees,
beneficiaries, assigns, personal representatives, family members, agents, servants, employees,
representatives, successors, parent companies, subsidiary companies, affiliated companies,
shareholders, officers, insurance companies, attorneys, and all other persons, firms,
corporations, or legal entities, whether specifically named herein or not ("Releasees"), of and
from any and all claims of any kind or nature, for injuries to the person of Releasor Aaron
Jenkins, and all damages arising to Releasors from such injuries, including all others by
whom and through whom the Releasors may make or bring any claims, known and
unknown, foreseen and unforeseen, existing or claimed to exist, arising out of express or
implied contract, negligence, negligence per se, respondeat superior, prime facie tort, bad
faith, violation of federal, state, or local law, statute, ordinance, policy, custom, tradition, or
regulation, or any other action or cause of action asserted, or that could have been asserted,
by Releasors as a result of all physical, emotional, and other bodily injury damages of any
type or nature, and any and all consequential damages related to such bodily injuries, arising
from or related to the September 26, 2016 motor vehicle accident that occurred at or near
the intersection of Tennessee Street and the I-10 ramp in the City of Redlands, Cahforx ua,
hereafter referred to as the "Accident "
2 Releasors state and affirm that in entering into this Release they have placed no
reliance on any iepresentauons, statements, or actions of any party released by this Release,
their agents, servants, employees, representatives, or attorneys, but instead have relied solely
upon their own judgment, understand their legal rights in this claim, and either have
reviewed this Release with counsel or voluntarily waive their right to such review Releasor
Aaron Jenkins affirms that he is not under the influence of any medication or other
substance that would or could impair his judgment or ability to fully comprehend his
respective rights and the terms of this Release
3 Releasors specifically understand and agree that this instrument shall constitute a
full and final release and discharge of any claims that Releasors have or may have, or that
exist of may exist, against any party released by this Release as a result of the aforesaid
Accident This full and final Release shall cover and include all and any future injuries
and/or damages not now known to Releasors, but which may later develop or be
discovered, including the effects or consequences thereof and including all causes of action
therefore Releasors assume all legal responsibility for all tax considerations arising from
payment of the consideration This Release is not intended to be nor shall it be construed as
a waiver of the employer's right to credit as set forth in Labor Code, Section 3861
4 Releasors acknowledge that the consideration for this Release shall be made by
payable as follows
a Check from Southwest General Insurance Company to Aaron Jenkins and
Stephan Johnson, his attorney, in the amount of Fourteen Thousand and No/100
($14,000 00) Dollars, and
b Check from Southwest General Insurance Company to City of Redlands in
the amount of Eleven Thousand and No/100 ($11,000 00) Dollars
5 Releasors understand and agree that the payment of the consideration described
above does not constitute an admission of liability on the part of any party released by this
Release, liability having been denied at all times material, and that the payment of the
consideration represents a compromise settlement of all claims to avoid incurring the
expense of litigation and the possibility of an adverse verdict Releasors further agree that the
terms of this Release are fair and equitable, are in their best interests, and achieve substantial
justice among the parties
6 Releasors understand that the payments they are accepting in settlement of their
claims might be more than, the same as, or less than benefits that could have been awarded
by a court or jury if their claims had proceeded to trial Releasors further understand that by
executing this Release they ale waiving the right to have a judge or Jury determine their
entitlement to benefits after an evidentiary hearing
7 Releasors are executing this Release in a free and voluntary manner and without
any force, undue influence, and/or coercion being exercised by any persons being released
by this instrument, including then attorneys and claims representatives
8 As further consideration for the payment recited above, Releasors agree to be
responsible for the reimbursement of all claims for the costs of medical expenses or othei
payments provided to Aaron Jenkins as a result of the above -described Accident by any
person or entity, including, but not limited to any governmental agency or insurance
company seeking subrogation, reimbursement, of contribution on account of damages, and
to indemnify and hold harmless any party released by this Release from any claims of
whatsoever kind or nature that may at any time hereafter be made against any party released
by this Release by reason of or arising out of the Accident of September 26, 2016 This
obligation to indemnify and hold harmless includes the payment of all reasonable and
necessary attorneys' fees and court costs, whether or not suit is filed, and to satisfy any
judgment that may be entered as result of any such claim
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9 Releasors agree and direct and authorize their counsel to dismiss, with prejudice,
all claims raised and asserted in the lawsuits entitled ay of Redlands v Randy T Jones, et aL,
County of Bernardino Superior Court Cause No CIVDS1822758, and Aaron Jenkins v Randy
T Jones, et al, County of Bernardino Superior Court Cause No CIVDS1824838, as
consolidated
10 Releasors state and affirm that they are legally entitled to execute this Release and
that none of the claims covered by this Release have been transferred or assigned to any
third party
11 Should any provisions of this Release be declared or be determined by any court
of competent jurisdiction to be wholly or partially illegal, invalid, or unenforceable, the
legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be
affected, and said illegal, unenforceable, or invalid part, term, or provision shall be deemed
not to be a part of this Release
12 The terms of this Release are contractual and not a mere recital All agreements
and understandings between the parties are set forth in this document This Release shall be
interpreted in accordance with the laws of the State of Cahfornia
RELEASORS HAVE READ THE FOREGOING INSTRUMENT AND FULLY
UNDERSTAND IT AND VOLUNTARILY ACCEPT IT FOR THE PURPOSE OF
MAKING A FULL AND FINAL COMPROMISE, ADJUSTMENT, AND
SE 1"1'LEMENT OF ALL CLAIMS, DISPUTED OR OTHERWISE, ON ACCOUNT OF
THE MATTERS AND THINGS SET FORTH ABOVE
STATE OF CALIFORNIA
COUNTY OF
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AARON JENKINS
SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me this
day of , by AARON JENKINS
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Notary Public
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STATE OF CALIFORNIA
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