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Home My WebLink AboutSETTLEMENT AGREEMENT AND RELEASE BY AND BETWEEN MILBERT GORHAM III, AUGUSTA RICHMOND COUNTY SHERIFF'S OFFICE AND AUGUSTA, GEORGIA SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and the General Release (hereinafter"Agreement") by and between Milbert Gorham III, (hereinafter "the Releasor"or"Plaintiff")Augusta Richmond County Sherriff's Office and Augusta Georgia (referred herein as "Sheriff's Office or Releasee").The term "Releasee" as used herein shall be defined as Augusta Richmond County Sheriff's Office and Augusta, Georgia 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 On or about October 6th 2013, Plaintiff was travelling west on Broad Street in Augusta Richmond County Georgia. The Defendant (a Sheriff's Deputy) acting within the scope of his employment was travelling east on Broad Street. The Defendant turned left onto 9th Street(an intersecting street) and pulled in front of the Plaintiff. The Plaintiff"T-Boned"the Defendant's vehicle. The impact caused the Defendant's vehicle to overturn coming to rest on 9th street. The Defendant was cited for failure to yield right of way while turning left.The Plaintiff suffered damage to his car and incurred extensive medical bills. The Plaintiff filed suit seeking$49, 444.24, (forty- nine thousand four hundred forty-four dollars and twenty-four cents) in damages. 1 The Parties have engaged in extensive negotiations and have agreed to a settlement of $30,000.00 (thirty thousand dollars). The Sheriff's Office and Augusta Georgia denies and continues to deny any liability to the Releasor for claims arising out of Plaintiff's claim. Releasor enters 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 Claim upon the terms and conditions set forth herein. Releasor desires to release, acquit and forever discharge Augusta Richmond County Sherriff's office and Augusta Georgia 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,attorneys and assigns (collectively "Releasees"). NOW THEREFORE, Releasor agree as follows: 1. RELEASE BY RELEASOR. In consideration of the payment of$30,000 (thirty thousand dollars), Releasor has agreed to settle all claims against the Sherriff's Office and Augusta Georgia,the receipt and sufficiency of which is hereby acknowledged, Releasor does hereby fully, finally, and completely release, acquit and forever discharge the Releasees of and from any all past, present or future claims, demands, obligations, lawsuits, actions, causes of action, loss of consortium claims, wrongful death claims, rights, damages, costs, expenses and compensation of any kind or nature whatsoever, known or contract, or other theory of recovery, and regardless of the theory of damages, which Releasor ever had, now have, 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 2 fashion,to the Releasor' s claims, alleged violation of failure to maintain a lane, improper lane change or other similar charge.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 that the Payment is intended to compensate the Releasor for injuries, and other general damages including economic and non-economic damages. Releasor specifically agrees that in consideration Releasor releases any and all claims that he ever had, now has or may have for items or damages whether general or specific or punitive or exemplary, based upon, arising out of, relating to, or connected directly or indirectly to this action. 2. RELEASE BY RELEASEES. Except as otherwise provided in any assignment of claims to Releasees, as part of this negotiated settlement agreement Releasees do hereby fully finally and completely remise, release, acquit and forever discharge the Releasor from and all past, present or future claims, demands, obligations, lawsuits, actions, causes of action, rights, damages,costs expenses and compensation of any kind or nature whatsoever, related to this Action. 3. 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 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 3 allegations of fault, liability, negligence, and legal responsibility have been and are denied by Releasees. 4. INDEMINFICATION BY RELEASOR. 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 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 based upon any claim that the Releasor may hereafter make on account of, based upon, relating to or arising out of the Property damage. This indemnification does not apply to any claims assigned to Releasees pursuant to paragraph one above. 5. ATTORNEYS FEES AND COURT COSTS:As between Releasor and Releasees, each party shall bear its own attorney's 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 or dismissal and all related matters. 6. RELEASORS REPRESENATIONS AND WARRANTIES: In return for the foregoing consideration,the Releasor hereby warrants and represents that he is the sole owner 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 4 releases pursuant to this Release and further covenants that he has not assigned any claims the may have against the Releasees to any person or entity. 7. EXECUTION: Releasor represents and warrants that the person executing this Agreement is duly authorized to do so,that this Agreement constitutes a valid and binding obligation and that he is authorized to act on behalf of all persons or entities described in this Releasee's definition of Releasor concerning all matters addressed in this Agreement. 8. SUCCESSORS:This Release shall be binding jupon and inure to the benefit of the Parties and their respective successors and assigns. 9. ENTIRE AGREEMENT: Releasor hereby agrees and represents that no promise or agreement not herein expressed has been made to him, 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: 5 IN AGREEMENT HERETO,THE RELEASOR AND/OR THE BELOW REPRESENTATIVE OF AUGUSTA GEORGIA SET THEIR HAND AND SEAL. Milbert Gorham III ,Uuj %/2 - Releasor or Releasor Agent Aipr•ved: / / /%I / , di, Robert Hunter Attorney for Releasor Sworn to and Subscribed ````,,,�OR��1','' This /0 .i • - •f August 2016 .�`,��cY '� qO9''�� 9l► .Z/4( "fid' q��o'�' �+z //ublic My Commission Expires: d Z//2-/2-0/7 �Augusta-Georgia: . t (ANIAd . 611 '. . ....� --- 4 1/9/76.1 o �„ I t At*?' "T� t eta o i I ` # J' `.`AYR. .: t ,Clerk of t5 C`r . .~-Willalita-s10 -,....i This VVill day of August 2016 6 1(Za; /7)444D/ Notary Public *Commission Expires May 25,2019 My Commission Expires: 416,####KNIII44) !A. :gyp PU 7