HomeMy WebLinkAboutDelgado Settlement Agreement 2016AT THE REQUEST OF THE PARTIES NAMED BELOW, THE MEDIATOR HAS PREPARED THE FOLLOWING:
MEMORANDUM OF SETTLEMENT
Case: DELGADO V. JEFFERSON COUNTY
The parties agree to settle this case on the following terms and conditions:
1. Provided that defendant secures settlement authority in the amount of
275,000.00 no later than 5:00 p.m., Thursday, January 7, 2016, with notice to
plaintiff's counsel of the same, this case will settle as follows (if such authority is
not secured, this agreement is null and void):
2. Payment in the amount of $275,000.00 will be made payable to "Budge Heipt in
trust for Kaitlyn Delgado" within 10 business days; plaintiff will sign a full release
of all claims and a medical indemnity/hold harmless agreement;
3. The parties will work together to formalize this agreement with appropriate
documentation;
4. A copy of this memorandum may be introduced into evidence in any proceeding
to enforce this settlement, CR2A and RCW 2.44.010.
Dated: January 5, 2016.
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PLAINTIFF PLAINTIFF'S COUNSEL
J Za A- - - --
FOR WASH. COUNTIES RISK POOL
M -R11 b
Jan. 9. 2016 2: 56PM No, 3237 P. 2
RELEASE AND HOLD HARMLFSS AGREE BENT'
FOR AND IN CONSIDERATION ofthe sum of Two Hundred and Seventy Five
Thousand and oo/ioo Dollars ($275,000.()0), Kaitlyn Marie Deldgado, and the
foregoing person's heirs, executors, administrators, successors and assigns (hereinafter
collectively referred to as "releasors"), does hereby release and forever discharge
Jefferson County, and its agencies, appointed and elected officials, departments; agents,
current and former employees, representatives, assigns, insurers, attorneys and
successors, (hereinafter collectively referred to as "releasees'), from all claims, demands,
damages, costs and attorney fees, expenses, liens, actions or causes of action, Whether as
a result of damage to property, bodily injury or death growing out of or in any way
related to the injuries and/or damages claltned to have been received as a result of the
matters set forth in and described in the correspondence filed with Jefferson County on
October 8, 2015, specifically Ms. Delgado's claims against releasees related to the death
of her father, Kevin Bledsoe, including, but not limited to, all past and future damages,
lawsuits, lrtcries, costs and attorney fees, and expenses resulting or to result from such
matters,
IT IS UNDERSTOOD AND AGREED that this is a full and final release pertaining
to the above- named releasees and is in full compromise and settlement of all claims of
every nature and kind whatsoever, and releases all claims whedier known or unknown,
suspected or unsuspected,
IT IS UNDERSTOOD AND AGREED that the releasor and releasees have
specifically contemplated the possibility that ftjurles and/or damages of an unknown
type Or extent mayexist, and the releasor agrees, for the consideration exchanged, to
assume the risk of such unknown injuries and/or damages becoming evident in the
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Jan, 9, 2016 2; 57PM No, 3237 P. 3
future,
IT IS UNDERSTOOD AND AGIMED that this settlement is a compromise ofa
disputed elaim, and that the payment made is notto be construed as an admission, of
liability on the part ofthe party or Parties hereby released, and that the said releasees
deny Iiability therefor, and further that such shall not be a basis for claims for
Indemnity, contribution or breach of contract pursuant to any statute, common law or
agreement.
THE UNDERSIGNED hereby declare that the terms ofthis settlement are for the
express purpose ofprecluding forever any further additional claims arising out of or in
anyway connected with the aforesaid incident.
TRIS RELEASE AND HOLD HARMLESS AGREEMENT contains the entire
agreement between the parties hereto, and the terms of this Release are contractual and
not a mere recital.
I have read the foregoing Release and lamw the contents thereof, and sign the
same as my free act and deed.
DATED this -—'hday of, 2016.
READ BEFORE SIGNING BELOW
In consideration of the release tendering the settlement check and not naming as
payee the persons who or entities which may have a lion or claim to the settlement
funds, the undersigned will hold releasees harmless against all liens or other such
claims, including, but not limited to, liens provided for under RCW 60.44 and RCW
74.og, and from subrogation claims of any nature, including, but not limited to, those of
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Jan, 9, 2416 2.57PM No. 3237 P. 4
the United States of America, including specifically any and all. repayment obligations
owed to Medicare, Medicaid or SCHIP, and the Washington Departments of Labor and
Indus -tries and Social and Health Services.
In further consideration of the payments set forth in the Settlement
Agreement, claimants waives their 42 U.S,Q 1395Y(b)(3)(A) causes of action, and
releases and forever discharges releasees and releasees' insurer from, any obligations for
any claim, known or unknown, arising out ofthe failure ofdefendants and/or
defendants' in surer to provide for a primary payment or appropriate reimbursement
pursuant to 49- U.S.C. 1395y(b)(3)(A).
STATE OF TEAS }
COUNTY OF
On this day personally appeared before me Kaitlyn Marie Delgado, to me known
to be the individual described in and who executed the within and foregoing instrument,
and acknowledged that she signed the same as her free and voluntary act and deed, for
the uses and purposes therein mentioned,
GIVEN under my hand and official seal this _day of J-'tt"
2016.
T RYPPUBLICimandtfor heStkteof -
cYCNMfIAMTexas, residing atNory 'es irMc5titeofTexeMycommissionexpesi. ol -
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Edwin S. Budge
206) 624-3060
B U D G E" E I PT, PLLC
ATTORNEYS AT LAW
705 Second Avenue, Suite 910
Seattle, WA 98104
Telephone 206-624-3060 • Facsimile 206-621-7323
October 7, 2015
Mr. Philip Morley, County Administrator/Risk Manager
Ms. Leslie Locke, County Administrator/Claims Administrator
Jefferson County
1820 Jefferson St.
PO Box 1220
Port Townsend, WA 98386
Re: Death ofKevin Wayne Bledsoe
Claims of Kaitlyn Marie Delgado
Dear Mr. Morley and Ms. Locke:
www.budgeandheipt.com
I am writing to initiate a dialogue concerning the resolution of claims on behalf of
Kaitlyn Marie Delgado, the only child of Kevin Wayne Bledsoe. Kaitlyn was born on July 25,
1997. Following her 18`11 birthday earlier this summer, Kaitlyn contacted our office and retained
us to pursue her individual claims arising from her father's death. What follows is a brief
overview of this matter.
Kevin Beldsoe died in custody in the early morning hours of March 24, 2001 in the
Jefferson County Jail. At the time of her father's death, Kaitlyn was three years old.
On or about January 2, 2003, our office commenced a federal lawsuit in the U.S. District
Court for the Western District of Washington on behalf of Kevin Bledsoe's mother, Sandra
Morgan. Subsequently, Kevin Bledsoe's father, Jerry Bledsoe, filed a lawsuit to pursue his own
individual claims. Jerry Bledsoe also acted as personal representative of the Estate of Kevin
Bledsoe. The two lawsuits were consolidated into a single case under Cause No. 03-5002 RJB.
Our firm represented all three parties.
Jefferson County tendered the matter to the Washington Counties Risk Pool. Susan
Looker, claims manager with the WCRP, oversaw the defense of the case and its ultimate
resolution. The claims of Sandra, Jerry, and the Estate were extensively litigated over the course
of months. Substantial discovery and pretrial litigation took place, including more than 20
depositions—in Alaska, Michigan, Spokane, Seattle, and Port Townsend.
Throughout the entirety of the case, the only claimants were Sandra Morgan individually,
Jerry Bledsoe individually, and the Estate. Kaitlyn, who was a young child at the time living
October 7, 2015
Page 2
with her maternal grandparents, was never made party to the lawsuit, and her own individual
claims for the loss of society and companionship of her father were never made issue in the case
through any representative.
As trial neared, the parties participated in settlement discussions with mediator John
Cooper. Following mediation on September 28, 2004, the parties reached a settlement in the
amount of S 1.6 million to be divided equally between plaintiffs Sandra Morgan, Jerry Bledsoe,
and the Estate. The Memorandum of Settlement and subsequent Settlement Agreement, Release
and Hold Harmless Agreement is attached hereto.
At the time of the settlement, Kaitlyn was seven years old. Because of her minority
status, the statute of limitations for her individual claims tolled throughout her childhood under
RCW 4.16.190. Kaitlyn reached adulthood on July 25th of this year.
Kaitlyn now has the legal right to independently pursue her individual claims arising
from her father's death. She has retained our firm for that purpose.
We wish to discuss the resolution of Kaitlyn's claims at this juncture and suggest that it
may behoove all parties to communicate about how this might be accomplished. The county
may wish to provide a copy of this correspondence to Ms. Looker at the WCRP who probably
retains a familiarity with the earlier case. We invite a representative of the county and/or the
WCRP to contact us within the next 30 days to discuss this matter further.
Thank you in advance for your consideration of the foregoing.
Very truly yours,
BUDGE & HEIPT, PLLC
Edwin S. Budge