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Home My WebLink AboutSETTLEMENT AGREEMENT AND RELEASE BETWEEN CHARLES HARRIS FURLANI AUGUSTA GA AND JOHN DOE G .E'.;0 'R G• I A SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement ") by and between Charles Harris, (hereinafter "the Releasor") Phillip Furlani, Augusta, Georgia, and John Doe (referred herein as "Augusta, Georgia, and Phillip Furlani" or "Releasee "). The term "Releasee" as used herein shall be defined as Augusta, Georgia, and Phillip Furlani, and all current and former commissioners, employees, servants, agents, officials, insurers, and attorneys, in their official and individual capacities, together with their predecessors, successors and assigns, both jointly and severally. In consideration of the mutual covenants and agreements set forth below, the parties agree as follows: RECITALS WHEREAS, on January 11, 2010 Charles Harris and Augusta's employee were both stopped at a traffic light headed south bound on Deans Bridge Road at its intersection with Georgetown Drive. Employee Phillip Furlani was in the left turn lane and Charles Harris' vehicle was in center through lane on the right side of employee Furlani. When the left turn arrow appeared Defendant Furlani attempted to make a U -Turn at the 'intersection. The rear bumper of the fire truck made contact along the driver side of Plaintiff's vehicle. Charles Harris suffered various bodily injuries and his motor vehicle was damaged (the "Accident "); WHEREAS, Charles Harris, commenced a lawsuit against Phillip Furlani, Augusta, Georgia, and John Doe entitled Charles Harris vs. Phillip Furlani, Augusta, Georgia, and John Doe, Civil Action Number 2012RCSC00003, filed in the State Court of Richmond County for the State of Georgia, wherein they sought monetary damages from Augusta, Georgia, and Phillip Furlani arising from the accident (the "Lawsuit "); and WHEREAS, Augusta, Georgia, and Phillip Furlani, deny and continue to deny any liability to Releasor for claims arising out of or related to the accident, the lawsuit and desire to purchase their peace and to avoid the problem and expense of further litigation; and WHEREAS, Releasor has agreed to enter into this Release in order to provide for certain payments in full, final and complete settlement, satisfaction and discharge of any and all past, present or future claims which are or which might have been the subject of the lawsuit upon the terms and conditions set forth herein; and WHEREAS, Releasor desires to remise, release, acquit and forever discharge Augusta, Georgia, and Phillip Furlani, their respective past, present and future employees, partners, officers, directors, shareholders, principals, parents, direct or indirect subsidiaries and subsidiaries thereof, affiliates, divisions, agents, representatives, predecessors, successors, insurers, attomeys and assigns (collectively "Releasees.)" 1 NOW THEREFORE, Releasor agree as follows: 1. RELEASE BY RELEASOR. In consideration of the payment of Nineteen Thousand Five Hundred. Dollars ($19,500.00) (the "Payment "), Releasor has agreed to settle all claims against Augusta, Georgia and Phillip Furlani. Releasor does hereby fully, finally, and completely remise, release, acquit and forever discharge the Releasees of and from any and all past, present or future claims, demands, obligations, lawsuits, actions, causes of action and any other derivative claims which Releasor may have resulting from incident, including but not limited to, loss of consortium claims, claims for loss of service, loss of wage claims, claims for past and future medical expenses, pain and suffering claims, rights, damages, costs, expenses and compensation of any kind or nature whatsoever, known or unknown, foreseen or unforeseen, direct or indirect, fixed or contingent, whether based on a tort, contract or other theory of recovery, and regardless of the theory of damages, which Releasor ever had, now has, or which may hereinafter accrue or otherwise be acquired on account of, or in any way growing out of, related to, or arising from, in any manner or fashion, to the vehicular accident whereby Charles Harris' motor vehicle came in contact with the Fire truck being operated by an Augusta employee on Deans Bridge Road at its intersection with Georgetown Drive in Augusta, Georgia. This release on the part of Releasor shall be a fully binding and complete settlement between Releasor and Releasees. In addition, it is specifically understood and agreed that the Payment is intended to compensate the Releasor for injuries, pecuniary damages and other elements of general damage and economic and non - economic damages that are uncertain in amount and that Releasor specifically agrees that in consideration of the Payment, Releasor releases any and all claims that he ever had, now has or may have for all items or damages, whether general or specific or punitive or exemplary, based upon, resulting from, arising out of, relating to, or connected directly or indirectly to the vehicular accident whereby his motor vehicle came in contact with a Fire truck being operated by an Augusta employee on Deans Bridge Road at its intersection with Georgetown Drive in Augusta, Georgia. 2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release is the compromise of doubtful and disputed claims and that the Payment made is not to be construed as an admission of liability, negligence, willful and wanton conduct, or fault of any kind whatsoever by Releasees, nor the validity of any claim to damages, but is to be construed as a compromise and settlement of all issues for purposes of avoiding controversy, litigation and expense. Releasor further agrees that all claims or allegations of fault, liability, negligence, and legal responsibility have been and are denied by Releasees. 3. INDEMNIFICATION BY RELEASORS. Releasor, in consideration of the promises set forth herein, the receipt and sufficiency of which is hereby acknowledged, hereby agrees to defend, indemnify and hold harmless Releasees against any and all claims, demands, and causes 2 of action, including, but not limited to claims for contribution and indemnity, based upon allegations of negligence, strict liability or any other allegation of fault by Releasees that are asserted by any person or entity that the Releasor may make a claim against on account of, based upon, relating to or arising out of the vehicular accident. 4. ATTORNEY'S FEES AND COURT COSTS. As between Releasor and Releasees, each party shall bear its own attorneys fees and expenses and court costs incurred in connection with the lawsuit, this Release, the matters and documents referred to herein, the entry of a final judgment and all related matters. 5. RELEASORS' REPRESENTATIONS AND WARRANTIES. In return for the foregoing consideration, the Releasor hereby warrants and represents that they are the sole owners of any claims, rights, counts, causes of action, obligations and demands released by the Releasor pursuant to this Release and which are in fact, released by the Releasor pursuant to this Release and that no other persons or entities have any interest in any claims, rights, counts, causes of action, obligations or demands which the Releasor releases pursuant to this Release and further covenant that they have not assigned any claims they may have against the Releasees to any person or entity. 6. EXECUTION. Releasor represent and warrant that the person executing this Agreement is duly authorized to do so, that this Agreement constitutes a valid and binding obligation and that it is authorized to act on behalf of all persons or entities described in this Release's definition of Releasor concerning all matters addressed in this Agreement. 7. SUCCESSORS. This Release shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 8. ENTIRE AGREEMENT. Releasor hereby agrees and represents that no promise or agreement not herein expressed has been made to them, and that this Release contains the entire understanding of the Releasor regarding the matters contained herein and that the terms of this Release are contractual and not merely a recital. SIGNATURES ON FOLLOWING PAGE 3 IN AGREEMENT HERETO, the Releasor and the below representative of Augusta, Georgia, and Phillip Furlani set their hand and seal. CHARLES HARRIS Witness Releasor Approved: - _, Michael G. Orr, Esq. T Jan P. Cohen, Esq. Attorneys for Charles Harris aZIA Sworn to and subscribed U' v �, r -s Before e, a Notary Public This L of.S30-7''= 2014. < Augusta, Georgia Notary Public M Commission Ex ie � 4 Y r p�; O p . 0 4.# ''�6o CY.:{VC------ i p! r,,,. ' p e.„ David S. Copenhaver, Mayor r. iP: A,,g i , • , q ••••w 6. Attes . * * L+ OUNlly s * i / ena J. Bo i er Cler `' � of 4�onarri�si� f Sworn to and subscribed ' ` , Before me, a No ,�y Public This day of'c 2014. MO r Notary •d 'lie • _ !~ .f.,, .� My Commission Expires: � j� � PU GV , ' - . "' �` �