HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE- SUSAN TREAT, ET.AL V. MATTHEW PERKINS, ET AL. - ASHLEY WALKER AND MADISON WALKER SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the "Agreement") is made this jj ay of
k 2017, by and between Matthew P. Perkins("Defendant")and Ashley Walker,
Individual and as parent and natural guardian of Madison Walker, a minor child ("Plaintiff')
(collectively the"Parties"),
WHEREAS, Plaintiff contended that on October 1., 2012, Defendantand
other law enforcement officers unlawfully entered and searched the Plaintiff's residence located
at 133 Powerline Drive in Burke County, Georgia without a search warrant, consent, or legal
justification, and that the Defendant and other law enforcement officers detained the Plaintiff
against her will and held her at gunpoint, and that the Defendant failed to engage in well
intentioned attempts to locate the correct address to search and as a result the Plaintiff sustained
injuries and has made claims pursuant to 42 U.S.C. § 1983 against the Defendant.Defendant has
denied Plaintiff's claims and alleges that Defendant acted in good faith and reasonable at all times
relevant to the Plaintiff's allegations.
WHEREAS,Plaintiff has filed a Complaint entitled,Ashley Walker Individually and Next
Friend and Mother of Madison Walker,et al v.Matthew P.Perkins,et al,Case No. 1:14-CV-00174
in the United States District Court for the Southern District of Georgia, Augusta Division (the
"Action"); and Defendant has filed an answer(the"Answer"); and,
WHEREAS,the Parties hereto desire to compromise, settle,and release any and all claims
arising out of and relating to the Plaintiff's Claims,the Action,or the Answer.
NOW THEREFORE in consideration of the mutual promises and covenants set forth
herein,the Parties agree as follows:
I. After receipt of Plaintiff's signature to this Agreement, and receipt of a completed
W9 from the Plaintiff's attorney a settlement check in the amount of$10,135.00(Ten Thousand,
One Hundred and Thirty-five Dollars and 00/100)payable to Barco Assignments, Ltd. on behalf
of Ashley Walker, Court Appointed Guardian and Next Friend and Mother of Madison Walker
and $6,531.66 (Six Thousand, Five Hundred and Thirty-one Dollars and 66/100) as Attorneys'
fees and cost to Pate&Johnson,LLC, 101 Marietta Street, Suite 3300,Atlanta,Georgia 30303 in
full and final satisfaction of any released Claim under this Agreement(the"Settlement Amount").
2. Dismissal of Action. The Plaintiff shall dismiss the Action with prejudice upon
the execution of this Agreement. Each party shall bear its own costs and fees.
3. Attorney's Fees and Court Costs:Each party shall bear its own attorney's fees,
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.
4. Release by Plaintiff. In consideration of the promises contained herein and the
relinquishment of her legal rights regarding any claims arising out of or related to the Action and
the Answer, Plaintiff, herself, her heirs, successors, legal representatives and assigns, do hereby
release, acquit and forever discharge Defendant, the Richmond County Board of Commissioner,
the Richmond County Sheriff's Office, Augusta, Georgia and all of their affiliates without
limitation, their officers, employees, agents, assigns, successors, servants, and representatives
(including attorneys), together with any and all other persons, Firms and/or corporations who are
or might be liable (collectively, the `Defendants Released Parties"), from any and all claims,
liabilities, demands, suits, and causes of action of every nature and kind, whether vested or
contingent,accrued or not,known or unknown,in law or in equity,matured or not,whether or not
such claims were or could have been brought or raised in the Action, or as a result of any claims
of the Plaintiff, including without limiting the generality of the foregoing, those claims expressly
raised in the Action, those arising out of or relating to the facts, circumstances, or occurrences
surrounding the above-mentioned Action,and those arising out of,relating to or resulting from the
facts,circumstances,or occurrences concerning the Plaintiff Claims.
5. Parties: This document sets forth the terms and conditions of the
Agreement by and between Plaintiff and Defendant. The term "Defendants"as used herein shall
be defined as the Richmond County Sheriffs 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:
6. Release of Unknown Claims. This Agreement covers and includes all claims that
Plaintiff has against the Released Parties up to and including the date of this Agreement,whether
actually known or not, despite the fact that any applicable state and/or federal law may provide
otherwise.
7. Settlement Not an Admission of Liability. It is expressly understood and agreed to by
and among the undersigned hereto that by entering into this Agreement,Defendant hereto denies the truth
of the allegations made by any other party,and this is a compromise of a disputed claim,which should
not be construed as an admission of liability on the part of any party.Plaintiff 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 Defendants,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. Plaintiff further agrees that all claims or allegations of fault, liability,negligence,and
legal responsibility have been and are denied by Defendants.
8. Tax Considerations. This Agreement is a result of a"contested liability"that was
disputed in good faith. The Released Parties make no representations regarding tax consequences,
if any,pursuant to this Agreement.
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9. Assigns and Successors-in-Interest. This Agreement shall be binding upon and
inure to the benefit of the Parties heirs, successors,and assigns.
10. Agreement Fully Read and Understood. This Agreement has been carefully read
by the undersigned and the contents are known and understood by the undersigned. The recitals
stated above are incorporated herein by reference. The undersigned have each received
independent legal advice from the attorneys of their choice with respect to the preparation,review,
and advisability of executing this Agreement. Prior to execution of this Agreement by each party,
the undersigned's attorneys reviewed the Agreement, and the undersigned acknowledge that they
have executed this Agreement after independent investigation and without fraud,duress,or undue
influence.
11. Applicable Law. The existence, validity, construction and operation of this
Agreement, and all of its covenants, agreements, representations, warranties, terms, and
conditions,shall be determined in accordance with the laws of the State of Georgia.
12. Entire Agreement. This Agreement sets forth the entire agreement between the
undersigned, and fully supersedes any and all prior and/or contemporaneous agreements or
understandings between the undersigned,which pertain to the subject matter hereof. The terms of
this Agreement may not be contradicted by evidence of any prior or contemporaneous agreement
and no extrinsic evidence whatsoever may be introduced to vary its terms in any judicial
proceeding involving this Agreement.Exhibit A which is attached hereto is fully incorporated into
this Settlement and Release Agreement as though included herein.
13. Modification. This Agreement may he modified,but only if the modification is in
writing and signed by the undersigned to this Agreement.
14. Severability. Should any provision of this Agreement be declared or determined
by any court to be illegal or invalid, the validity of the remaining parts.terms, or provisions shall
not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to
be part of this Agreement.
15. Mutual Drafting. This Agreement is the product of negotiations "at arms length"
between the undersigned, both of whom are represented by counsel. As such, the terms of this
Agreement is mutually agreed-upon, and no part of this Agreement will be construed against the
drafter.
16. Indemnification by Plaintiff. Plaintiff, in consideration of the promises set forth
herein,the terms and sufficiency of which is hereby acknowledged,hereby agrees to defend,
indemnify and hold harmless Defendants against any and all claims,demands, and causes of
action,including,but not limited to claims for contribution and indemnity,based upon
allegations of intentional conduct, negligence, loss of consortium claims, strict liability or any
other allegation of fault by Defendants that are asserted by any person or entity based upon any
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claim that the Plaintiff hereafter make on account of,based upon, relating to or arising out of the
alleged occurrence.
17. Execution. Plaintiff 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 she is authorized to act on behalf of all persons or entities described as Plaintiff in this Agreement.
18. Releasors Representations and Warranties. In return for the foregoing consideration,
the Plaintiff hereby warrants and represents that she is the sole owner of any claims,rights,counts,causes
of action,obligations and demands released by the Plaintiff pursuant to this Release and which are in fact,
released by the Plaintiff 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 Plaintiff releases pursuant
to this Release and further covenants that she has not assigned any claims she may have against the
Defendants to any person or entity.
19. Probate Court Approval: Madison Walker being a minor child,this
settlement agreement is binding only upon approval of the minor child's settlement by the
Probate Court of Lincoln County,where the minor child resides. Should the Probate Court of the
county where the minor child resides fails to approve this settlement,said agreement between the
parties is null and void.
[Rest ofpage intentionally left blank;signature page follows]
SIGNATURES ON FOLLOWING PAGE:
IN AGREEMENT HERETO,THE PLAINTIFF AND THE BELOW REPRESENTATIVE OF
AUGUSTA GEORGIA SET THEIR HAND AND SEAL.
Ashley Walker s 41.114-- Madison Walker,Plaintiff
Approved by:
Jess on Atto aintiff
Sworn to and Subscribed
This igib.day of Aiv' ef- 2017.
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EXHIBIT A--ADDITIONAL AGREEMENT PROVISIONS FOR ANNUITY
In consideration of the Settlement Agreement and Release to which this Exhibit is
attached,the City of Augusta, Georgia on behalf of the Defendant, Matthew P. Perkins agrees to
pay to the individual(s)named below("Payee(s)")the sums outlined below:
(1) Ashley Walker,individually and as parent and natural guardian of Madison Walker,a
minor,and Pate&Johnson LLC shall be paid$6,531.67 for attorney fees and costs in
the Litigation; and
(2) Periodic Payments made according to the schedule as follows(the"Periodic
Payments"):
Payee: Madison Walker
$6,316.93 payable annually,guaranteed for 4 years(s),beginning on April 17,
2027,with the last guaranteed payment on April 17,2030.
The present cost of the future periodic payments is$20,270.00, of which$10,135.00 is
paid by the City of Augusta, Georgia.
Liberty Life Assurance Company of Boston will issue an IRS form 1099misc to the Payee for
each year in which he or she receives payments.
Payee's Rights to Payments
Plaintiff acknowledges that the Periodic Payments cannot be accelerated,deferred,
increased or decreased by the Plaintiff or any Payee,nor shall the Plaintiff or any Payee have the
power to sell, mortgage,encumber, or anticipate the Periodic Payments, or any part thereof,by
assignment or otherwise.
Payee's Beneficiary
Any payments to be made after the death of any Payee pursuant to the terms of this
,Settlement Agreement shall be made to such person or entity as shall be designated in writing by
Payee,upon reaching the age of majority,to the Defendant of the Defendant's Assignee.If no
person or entity is so designated is not living at the time of the Payee's death, such payments
shall be made to the estate of the Payee.No such designation,nor any revocation thereof,shall
be effective unless it is in writing and delivered to the Insurers of eh Insurers' Assignee. The
designation must be in a form acceptable to the Defendant or the Defendant's Assignee before
such payments are made.
Consent to Non-Qualified Assignment
,-//✓
Plaintiff acknowledges and agrees that the Defendant and/or the City of Augusta, Georgia
may assign the Defendant's and/or the City of Augusta,Georgia liability to make the Periodic
Payment Section to Barco Assignments Ltd. (the"Assignee"). The Assignee's obligation for
payment of The Periodic Payments shall be no greater than that of Defendant and/or the City of
Augusta,Georgia(whether by judgment or agreement)immediately preceding the assignment of
the Periodic Payments obligation.
Any such assignment,if made, shall be accepted by the Plaintiff without right of rejection
and shall completely release and discharge the Defendant and the City of Augusta,Georgia from
the Periodic Payments obligation assigned to the Assignee.The Plaintiff recognizes that, in the
event of such Assignment,the Assignee shall be the sole obligor with respect to the Periodic
Payments obligation,and that all other releases with respect to the Periodic Payments obligation
that pertains to the liability of the Defendant and the City of Augusta,Georgia shall thereupon
become final,irrevocable and absolute.
Right to Purchase and Annuity
The Assignee reserves the right to fund the liability to make the Periodic Payments
through the purchase of an annuity policy from Liberty Life Assurance Company of Boston(the
"Annuity Issuer")The Assignee shall be the sole owner of the annuity policy and shall have all
rights of ownership. The Assignee may have Liberty Life Assurance Company of Boston
("Annuity Issuer")mail payments directly to the Payee(s). The Plaintiff shall be responsible for
maintaining a current mailing address for Payee(s)with Liberty Life Assurance Company of
Boston("Annuity Issuer").
Discharge of Obligation
The obligation of the Assignee to make each Periodic Payment shall be discharged upon
the Mailing of a valid check in the amount of such payment to the designated address of the
Payee(s)named in Periodic Payment Section of this Settlement Agreement.
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