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Home My WebLink AboutPD06-269 - Original - Kristina and Matson Howe - Settlement & Full Release - 09/11/2006 a T / KEATING,BUCKLIN&MCCORMACK,INC.,P.S. JOHN L MCCORMACK ATTORNEYS AT LAW STEPHANIE E.CROLL MARK R BUCKLIN RICHARD 8 JOLLEY RANDAL W EBBERSON 800 FIFTH AVENUE,SUITE 4141 BRENDA L BANNON STEVEN L THORSRUD KELLY M WILEY MICHAEL C WALTER SEATTLE,WASHINGTON 98104-3175 MARYANN MCCONAUGHY ANDREW G COOLEY PHONE: (206)623-8861 SHANNON M RAGONESI STEWART A ESTES KIMBERLY J WALDBAUM CHLOETHIEL W DBWEESE FAX- (206)223-9423 JEREMY W CULUMBER JAYNE L FREEMAN E-MAIL kbm@kbmlawyers com BROCK B GAVERY ROBERT C KEATING(191S2e01) September 19, 2006 Gordy Van WCIA PO Box 88030 Tukwila,WA 98138 RE: Kristina Howe, et ur v. City of Kent, et al. King County Superior Court Cause No 05-2-14124-7 KNT Dear Counsel: I am enclosing the original release in the above-referenced case, along with a conformed copy of the Stipulation and Order of Dismissal terminating the litigation. Thank you for your attention in this matter. Sincerely, Mary Ann McConaughy MAM7y Enclosures as noted cc: Jason Clift Tim Ford Chris Hills (via email) Pat Fitzpatrick (via email) Tammy White(via email) Interim Chief Chuck Miller K:\MAM\WCIA 0407311.091906-all counsel doe SETTLEMENT AND FULL RELEASE WHEREAS, KRISTINA and MATSON HOWE (hereinafter "Plaintiffs"), brought suit against CITY OF FEDERAL WAY, OFFICER SEAN GOTCHER, CITY OF KENT, OFFICER TIM FORD and OFFICER JASON CLIFT (hereinafter "Settling Defendants"), and another defendant not a party to this Settlement and Full Release, in the matter filed in King County Superior Court, Cause No.05-2-14124-7 KNT;and WHEREAS, the Court has already dismissed with prejudice MATSON HOWE'S claims against defendants CITY OF FEDERAL WAY and OFFICER SEAN GOTCHER;and WHEREAS,Settling Defendants appeared through counsel of record;and WHEREAS, Plaintiffs asserted monetary damages, personal injuries, and general damages in the above-referenced action arising out of the incident,as described in plaintiffs' Complaint filed in King County Superior Court,Cause No. 05-2-14124-7 KNT;and WHEREAS, Settling Defendants vigorously deny that they did anything wrong or caused plaintiffs' damages,and that by entering into this Settlement and Full Release,defendants CITY OF FEDERAL WAY, OFFICER SEAN GOTCHER, CITY OF KENT, OFFICER TIM FORD and OFFICER JASON CLIFT do not concede that they have any liability, and specifically deny any negligence and liability whatsoever for the plaintiffs'claims;and WHEREAS, Plaintiffs have authority to enter into this Settlement and Full Release with regard to all property damage and all personal injuries to themselves, known or unknown,on behalf of all existing subrogated interest-holders, lienholders, including all liens of any insurer, medical care provider of any kind,or attorney;and WHEREAS;the identified parties to this agreement desire to avoid the expense, burden and uncertainty of continued litigation; Pagel of5 NOW, THEREFORE, IT IS HEREBY agreed among the parties to this agreement consisting of plaintiffs KRISTINA and MATSON HOWE and the Settling Defendants CITY OF FEDERAL WAY, OFFICER SEAN GOTCHER, CITY OF KENT, OFFICER TIM FORD and OFFICER JASON CLIFT as follows: 1. In consideration of the total payment to plaintiffs KRISTINA and MATSON HOWE in the amount of Seventy-Five Thousand Dollars($75,000.00),the plaintiffs agree that their claims, in their entirety, as asserted against defendants CITY OF FEDERAL WAY, OFFICER SEAN GOTCHER, CITY OF KENT, OFFICER TIM FORD and OFFICER JASON CLIFT may and shall be dismissed with prejudice and without any further cost to any party. The payment shall be made by check payable to "Keller Rohrback in Trust for Matson and Kristin Howe" by September 5, 2006. 2 A. Time is of the essence for all terms set forth herein. 2 B. Plaintiffs, their successors, assigns, representatives, agents, employees, attorneys, insurers and any person or persons acting by,through or for them hereby release, acquit and forever discharge defendants CITY OF FEDERAL WAY,OFFICER SEAN GOTCHER,CITY OF KENT, OFFICER TIM FORD and OFFICER JASON CLIFT,their successors, assigns, officers, directors, representatives, agents, employees, attorneys, insurers, and any person or persons acting by, for or through them from all liability, actual or potential, for all claims, damages or demands whatsoever in law or in equity which plaintiffs have ever had, may have, or have claimed, or now claim arose from or in connection with the claims, damages or demands in law or equity arising from the allegations of the Complaint filed in King County Superior Court,Cause No.05-2-14124-7 KNT. 3. This Settlement and Full Release is expressly intended to cover all damages, which are claimed or could have been claimed by the plaintiffs in the above-referenced action. The Page 2 of 5 1 undersigned understand that the injuries they sustained are or may be permanent and progressive and that the outcome of their injuries and damages is uncertain and indefinite, and may even include death. In making this Release the undersigned rely wholly upon their judgment, belief, and knowledge of the nature, extent, effect and duration of injuries, and liability therefore, and do not rely upon any statement or representation of the parties released or their representatives, or by any practitioner employed by them. These damages include any and all personal injuries alleged by the plaintiffs, including all complaints described in plaintiffs' medical records following the incident, which occurred on or about May 3, 2002, and any and all property damage associated with that incident. 4. This Settlement and Full Release is made and entered into as a free and voluntary act and has been done only after plaintiffs consulted with their attorney, WILLIAM C. SMART. 5. This Settlement and Full Release contains the entire agreement between the parties, and the terms of this Release are contractual and not a mere recital. 6. The parties agree that any and all actions necessary to secure dismissal with prejudice of the plaintiffs' claims in this lawsuit as against defendants CITY OF FEDERAL WAY, OFFICER SEAN GOTCHER, CITY OF KENT, OFFICER TIM FORD and OFFICER JASON CLIFT shall be taken by the parties and that each party shall bear its own cost and expense incurred in connection with such claims and the dismissal thereof. Defendants shall pay any cancellation fee associated with the Dr.Hamm defense medical examination. 7. The undersigned have full authority to enter into this Settlement and Full Release. 8. Plaintiffs agree to hold defendants CITY OF FEDERAL WAY, OFFICER SEAN GOTCHER, CITY OF KENT, OFFICER TIM FORD and OFFICER JASON CLIFT and their agents, employees, attorneys, insurers, or representatives thereof(hereinafter Indemnitees) free and Page 3 of 5 i WP-1"1-2006 02C47 PM 00.11-06 02.1➢N FtO1 KILLIR JOBRIM UP iO1-szs•ard4 +• P'02 u mless from any and all t aims rewot to plaitttilfs'it wiea artd propatY damage that havc hint or may be awarted for tortf'eamr mclioal Siena,liege of&DY braneh of the govetumeat,liars of any and aII of plaintiffs`insurers,liens of any insum who may bt tmptmtibIc fbr paymtnt afplaimtif3's' rat&4 bills, liens for Dose istenstto, liens of emy anomy+ and Bent for imy and id claims for dacuws, hospitals, or ad=medical bills, lost wages or any ardor service(lnehgbz nm-mc&cal mwicc) rendered to plaintiffs arising out of the matters alleged m the Complaint filed in Kipg Couruy Superior Court, Cause No.OS 2-14124-7,whether such cla=be based on cauttxct,tort vt arty othtr tom of taw. DATM this I.—gayof_ paw- .zowl BY wt BY MATSON Ii Papa 4 of S STATE OF WASHINGTON ) . ss. COUNTY OF ) On this day of ,5tt 4eR42el , 2006, before me, a Notary Pubhc, personally a wadA�USTINA HOWE, to me known to be the individual described herein, and who ex e•0ecS(�} instrument and to me acknowledged that she voluntanly executed the same. = Q�;•soh"' , �i Q_aa`�o T F+ep,��► �u � Ts i OA 44D %e- "F 2= NO ARY PtJbLIC in and for the State of '07-0.s'a0= Washington,residing at V,,j� L&R } r M Commission Expires: '�rrr�iwasO\��.�" y p STATE OF WASHINGTON ) ss. COUNTY OF. A)637 ) On this I rday of S m6� , 2006, before me, a Notary Public, personally appeared MATSON HOWE, to me known to be the individual described herein, and who executed the foregoing instrument and to me acknowledged that he voluntarily executed the same. ��•GE C`LFrrr�4 % 7t, Z/ Ry �� NOTARY KJBLIC in and for the State of Washington,residing at n G (�n7y U,49 9'o09 07`01,,_ 0 - My Commission Expires: /'Optgtta�a� � S Az F Itj i l t WASN\�``` The undersigned counsel of record has reviewed this Settlement and Full Release. KELLER ROHRBACK,LLP By WI LIAM C. SMART, WSBA #8192 Attorney for Plaintiffs Page 5 of 5