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HomeMy WebLinkAboutRESOLUTION AUTHORIZING SETTLEMENT OF ALL CLAIMS BY HELEN FINLEY AND TRACY HOLT ($1,250,000)RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY HELEN FINLEY AND TRACY HOLT, AS SURVIVING PARENTS AND NEXT KIN OF RYAN HOLT, DECEASED, AND AS ADMINISTRATORS OF HIS ESTATE, AND JEFFREY BORROR AND SUSAN BORROR AS SURVIVING PARENTS AND NEXT KIN OF MICHELLE BORROR, DECEASED, AND AS ADMINISTRATORS OF HER ESTATE, IN THE AGGREGATE AMOUNT OF ONE MILLION AND TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($1,250,000); AUTHORIZING THE ADMINISTRATOR TO DISBURSE THE AMOUNT OF ONE MILLION AND TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($1,250,000); WAIVING AUGUSTA, GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES AS PROVIDED HEREIN. WHEREAS, Helen Finley and Tracy Holt, as surviving parents and next kin of Ryan Holt, deceased, and as Administrators of his Estate, and Jeffrey Borror and Susan Borror, as surviving parents of Michelle Borror, deceased, and as Administrators of her Estate ( "Claimants ") have a lawsuit now pending against Lewis Vann, an employee of Augusta, Georgia, in the Columbia County Superior Court, Civil Action File No. 2007 -RCCV -345; WHEREAS, all parties to said civil action desire to settle all claims; and WHEREAS, Claimants have agreed to settle all claims against Lewis Vann for the sum of one million and two hundred and fifty thousand dollars ($1,250,000); WHEREAS, it is in the best interests of Lewis Vann, an employee of Augusta, Georgia, and also in the best interest of Augusta, Georgia to resolve this matter and pay the amount of one million two hundred fifty thousand dollars ($1,250,000) to Claimants as set out above to settle all claims of Claimants against Lewis Vann, and also to secure full indemnity for Augusta, Georgia, and its employees and agents arising out of the facts alleged in said lawsuit: On August 1, 2006, Lewis Vann, an employee of Augusta, Georgia, performed a reconnect inspection of the exterior of the mobile home occupied by Michelle Borror and Ryan Holt, and also of the yard and electric power service pole for the mobile home. Claimants referenced above allege that Vann failed to perform the reconnect inspection in compliance with Augusta, Georgia procedures then in effect including failing to ensure that the premises contained functional smoke detector(s) as required by law. Michelle Borror and Ryan Holt died of smoke inhalation in connection with a fire within the mobile home which occurred on August 22, 2006. At the time of their respective deaths, Michelle Borror was 20 years old and Ryan Holt was 18 years old. Settlement Resolution Helen Finley, Tracy Holt, Jeffrey Borror and Susan Borror Page 2 of 3 WHEREAS, Lewis Vann and Augusta, Georgia acknowledge that the payment set forth herein does not constitute any admission of liability on the part of Lewis Vann and liability is expressly denied; NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Commission, Section 1: Section 2: The Administrator is authorized to pay a total sum of one million and two hundred and fifty thousand dollars ($1,250,000) to Jeffrey Borror, Susan Borror, Helen Finley, and Tracy Holt and their attorneys at the direction of the Commission and payment shall be in the form of a check payable to "Joseph R. Neal, Jr., P.C., attorneys, on behalf of "Susan Borror, Jeffrey Borror, Helen Finley and Tracy Holt." Funding for this settlement shall be from Fund Balance (Fund 101) with request for partial reimbursement from Building Inspection Fund (Fund 217). Section 3: To the extent that any section of the AUGUSTA, GA. CODE is in conflict herewith, that subsection is waived for this instance only. Adopted this 18th day of September, 2012. Lenftt l Sea ? .c • * �' �. EST 1996 OOOOOO The Augusta, Georgia Commission will settle the claims of Helen Finley and Tracy Holt, as surviving parents and next kin of Ryan Holt, deceased, and as Administrators of his Estate, and Jeffrey Borror and Susan Borror, as surviving parents of Michelle Borror, deceased, and as Administrators of her Estate for the aggregate amount of one million and two hundred and fifty thousand dollars ($1,250,000). David S. Copenhaver As its Mayor */04/_. , L • ission •o • "` of • Settlement Resolution Helen Finley, Tracy Holt, Jeffrey Borror and Susan Borror Page 3 of 3 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta, Georgia Commission on September 18, 2012 and that such Resolution has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted in the foregoing meeting(s). J. ,'Clerk of Commission STATE OF GEORGIA ) COUNTY OF RICHMOND ) RELEASE AND SETTLEMENT AGREEMENT KNOW ALL PERSONS by these presents, that we, the Estate of Michelle Borror, by and through Jeffrey Borror and Susan Borror, as Surviving Parents and Next Kin of Michelle Borror, and as Administrators of said Estate, and we, the Estate of Ryan Holt, by and through Helen Finley and Tracy Holt, as Surviving Parents and Next Kin of Ryan Holt, and as Administrators of his Estate, as the heirs -at -law of Michelle Borror and Ryan Holt, respectively, (hereinafter referred to collectively as the "Undersigned "), for and in consideration of the total sum of ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000) to us in hand paid, the receipt and sufficiency of which is hereby expressly acknowledged, do hereby, for and on behalf of the Undersigned, their heirs, assigns, executors, successors and administrators, and for each them, release, acquit and forever discharge Lewis Vann, individually, and Augusta, Georgia, the Augusta - Richmond County Commission, (hereinafter referred to as "Payors "), its elected officials and all current and former officers, directors, agents, employees, servants, subsidiaries, departments, successors and representative of Payors, their heirs, successors and assigns, and each of them, together with any and all other persons, firms, corporations, associations or partnerships whether herein named or referred to or not, who, together with Payors or any of the aforementioned persons, may be jointly or severally liable to the undersigned from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of services, expenses, and any damages whatsoever including damages for wrongful death or pain and suffering which the Undersigned or may have had, may now have, may claim have, or may hereafter have or claim to have in any way arising out of any and all injuries, Release and Settlement Agreement Borror and Borror et al. and Finley and Holt, et al. v. Lewis A. Vann, et al. Page 2 of 7 damages, costs, interests or expenses of any kind sustained which may be hereinafter accrued or sustained by the Undersigned on account of or growing out of the deaths of Michelle Borror and Ryan Holt on August 22, 2006. It is expressly acknowledged and agreed that this Release and Settlement Agreement covers any and all causes of action that were brought or could have been brought in the lawsuit filed by the Undersigned against the parties released herein in the Superior Court of Columbia County, Georgia bearing Civil Action No. 2007 -CV -345 and styled as Helen Finley and Tracy Holt, As Surviving Parents and Next Kin of Ryan Holt, Deceased, and as Administrators of his Estate, and Jeffrey Borror and Susan Borror, As Surviving Parents and Next Kin of Michelle Borror, Deceased, and as Administrators of her Estate, v. Lewis A. Vann, et al, whether based on contract, tort, federal or state statute or any other theory of recovery. It is understood and agreed that this settlement is the compromise of a potential, doubtful and disputed claim; that the consideration referred to herein and paid hereunder is not and shall not be construed to be an admission of liability on the part of any of the parties released hereunder; that said parties deny liability; and that the consideration paid hereunder is paid and received to compromise a disputed claim. The Undersigned hereby declare and represent that the damages and losses allegedly sustained by the Undersigned are, or may be, uncertain, and, in executing this Release and Settlement Agreement, it is understood and agreed that the Undersigned rely wholly upon their individual judgment and the advice and counsel of their own attorneys and expert advisers and consultants as to the nature, extent, effect and duration of said damages, losses and liability therefore. This agreement is made without reliance upon any statement or representation 6 Release and Settlement Agreement Borror and Borror et al. and Finley and Holt, et al. v. Lewis A. Vann, et al. Page 3 of 7 whether written or oral of any of the parties released hereunder or any of their representatives or counsel. The undersigned expressly waive and assume the risk of any and all claims for damages which exist as of this date, or that may exist in the future, but of which the Undersigned does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect the Undersigned's decision to enter into this Release and Settlement Agreement. This Release and Settlement Agreement shall be deemed to constitute a complete accord and satisfaction of all claims asserted in the above referenced civil action, which could have been brought in said civil actions, or arising out of the incident described above and is meant to put at final and complete rest any presently existing or potential litigation between the parties. The payment and settlement reflected herein is made solely to end the cost, burden and uncertainty of further litigation and to allow the released parties to buy their peace. The Undersigned understand and acknowledge that this Release and Settlement Agreement will operate to discharge all persons and entities, whether or not named herein, and specifically intends to release and discharge such unnamed persons or unspecified persons or entities as discussed in Lackey v. McDowell, 262 Ga. 185, 415 S.E. 2d 902 (1990). In consideration of the amounts paid hereunder, the Undersigned further agree to execute a dismissal with prejudice of the pending case in the Superior Court of Richmond County bearing Civil Action No. 2009 -RCCV -322 and styled as Helen Finley and Tracy Holt, As Surviving Parents and Next Kin of Ryan Holt, Deceased, and as Administrators of his Estate, and Jeffrey Borror and Susan Borror, As Surviving Parents and Next Kin of Michelle Borror Deceased, and as Administrators of her Estate, v. Lewis A, Vann, et al, with each party bearing Release and Settlement Agreement Borror and Borror et al. and Finley and Holt, et al. v. Lewis A. Vann, et al. Page 4 of 7 their own expenses and attorney's fees. The Undersigned expressly agree to execute any and all documents necessary to completely, finally, and forever terminate said case finally and forever with each party to bear their own expenses and costs including attorney's fees and any and all related litigation expenses. The Undersigned agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms of this Release and Settlement Agreement. No insurance carrier, medical provider or other entity or person, including state and federal governmental entities or agencies, has any lien or subrogation interests or claim for reimbursement arising out of the aforesaid occurrence, specifically but not limited to any liens or claims arising out of the payment of Workers' Compensation benefits, Medicare benefits, hospital, medical expenses, including physician and hospital bills which were incurred by or on behalf of either Michelle Borror or Ryan Holt for treatment of the injuries for which this settlement is made; or if there are any such liens, interests, or claims for reimbursement, same shall be satisfied out of the settlement proceeds paid in connection herewith, and the Undersigned will save and hold the parties released herein harmless from, and indemnify them for, any and all claims of any nature whatsoever that may hereafter be asserted against the parties released herein by any person, agency or entity claiming any such interest, lien or reimbursement, including any and all attorney fees and expenses incurred by the parties released herein. The Undersigned further represent and warrant that they have not heretofore assigned to any other person or entity all or any portion of the claim whatsoever which the Undersigned may Release and Settlement Agreement Borror and Borror et al. and Finley and Holt, et al. v. Lewis A. Vann, et al. Page 5 of 7 have or may have had or may claim in the future to have against the parties released hereunder; that they are the sole and proper parties to receive the proceeds of the settlement in the aforementioned claim; that Susan Borror and Jeffrey Borror are the only parents and next of kin and heirs-at-law of Michelle Borror; that Susan Borror and Jeffrey Borror are the duly appointed Administrators of the Estate of Michelle Borror; and that they have obtained the necessary approvals, if any, from the Probate Court having jurisdiction over the estate of Michelle Borror; Helen Finley and Tracy Holt are the only parents and next of kin and heirs -at -law of Ryan Holt; that Helen Finley and Tracy Holt are the duly appointed Administrators of the Estate of Ryan Holt; and that they have obtained the necessary approvals, if any, from the Probate Court having jurisdiction over the estate of Ryan Holt. The Undersigned hereby expressly stipulate and agree to indemnify and hold harmless the parties released herein and any and all other persons released herein from any and all claims of whatsoever kind and nature which may arise from any breach of the warranties and representations set forth in this paragraph of this Release and Settlement Agreement which may be incurred by the parties released herein in defending against such claims which indemnification and hold harmless obligation includes payment of attorney fees or expenses necessitated by any such claim. The Undersigned further declare and represent that no promises, inducements or agreements not herein expressed have been made to the Undersigned; that the Undersigned are competent to execute this document; that the Undersigned have read this document, understand its contents and execute it voluntarily; and that this Release and Settlement Agreement contains the entire agreement of the parties hereto. Release and Settlement Agreement Borror and Borror et al. and Finley and Holt, et al. v. Lewis A. Vann, et al. Page 6 of 7 Upon the request and instructions of the Undersigned's counsel, the Undersigned agree and request that the check or draft for the consideration referenced herein shall be made payable to "Joseph R. Neal, Jr., attorney, on behalf of Michelle Borror, Jeffrey Borror, Helen Finley, and Tracy Holt" solely for convenience of the Undersigned in negotiating and depositing said funds. It is further expressly stipulated and agreed that the terms of this Release and Settlement Agreement shall be governed in all respects by the law of the State of Georgia and that the Undersigned consent and agree to the jurisdiction and venue of the State and/or Superior Court of Richmond County (expressly waive any objections to same) to resolve any and all disputes, claims, or any issues arising out of this Release and Settlement Agreement and specifically for any and all actions to enforce the indemnification provisions set out herein. IN WITNESS WHEREOF, we have hereunto set our hand and seal this y of 5oi 2. IS A RELEASE! Witness Witness Jeflworfor, as Surviving Parent and Helen Finley, as Surviving Part and Administrator of the Estate of ' yan Holt READ BEFORE SIGNING! - atet, g. Susan Borror, as Surviving Parent and Administrator of the Estate of Michelle Borror Administrator of the Estate of Michelle Borror Surviving Parent and Administrator of the state of Ryan Holt Release and Settlement Agreement Borror and Borror et al. and Finley and Holt, et al. v. Lewis A. Vann, et al. Page7of7 I have explained the legal effect of this Release and Settlement Agreement to my clients and T approve of the to f-+ have witnessed the signatures of my clients. Joseph R. Neal, Jr., Attorney for Helen Finley and Tracy Holt, As Surviving Parents and Next Kin of Ryan Holt, Deceased, and as Administrators of his Estate, and Jeffrey Borror and Susan Borror, As Surviving Parents and Next Kin of Michelle Borror, Deceased, and as Administrators of her Estate