Preview
342-287627-16 FILED
TARRANT COUNTY
2/7/2019 5:14 PM
THOMAS A. WILDER
CAUSE NO. 342-287627-16 DISTRICT CLERK
MARQUISE MARTIN, IN THE DISTRICT COURT
INDIVDUALLY, AND AS
PERSONAL
REPRESENTATIVE OF THE
ESTATE OF CARLA HARVEY,
DECEASED, AND FELICIA 342NP JUDICIAL DISTRICT
ELDRIDGE, AS NEXT FRIEND
OF R.J.W., A MINOR AND
R.R.W., A MINOR
Plaintiff,
Vv
DAYBREAK COMMUNITY
SERVICES, INC., DAYBREAK
COMMUNITY SERVICE
TEXAS, LLC; AND
DAYBREAK GROUP, LTD. TARRANT COUNTY, TEXAS
Cco.;
Defendants
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the “Settlement Agreement”) is made and entered
into this 8" day of February 2019, by and among:
“Plaintiff(s)” or “Payee” Ramika Washington and Raymond Washington, minors, by
and through Felicia Eldridge as Next Friend, and Leslie Starr
Barrows, Guardian Ad Litem
“Defendants” Daybreak Community Services, Inc., Daybreak Community Service Texas,
LLC, and Daybreak Group, Ltd.
“Insurer” Independence American Insurance Company
The above terms are used throughout these documents to represent the persons and entities
described above.
The parties desire to enter into this Settlement Agreement in order to provide for certain
payments in full settlement and discharge of all claims which are, or might have been, the subject
matter of the Petition, as defined below, upon the terms and conditions set forth below.
Re aaa RS i Se aie ae i Ee Sale CE a a |
SETTLEMENT AGREEEMENT AND RELEASE 1
RECITALS
A. Plaintiff(s) filed a Petition and Amended Petitions against Defendants in the Tarrant
County, District Court, 342nd Judicial District, State of Texas, Cause No. 342-287627-16
(the “Petition”), which alleged certain alleged negligent acts or omissions by Defendants.
In the Petition, Plaintiff(s) sought to recover monetary damages as a result of that certain
occurrence on or about May 10, 2016, which resulted in physical and personal injuries and
death to Plaintiff(s)’ mother, Carla Harvey. Plaintiff(s) sued for damages in the Petition as
a result of this Incident (the “Incident”).
A dispute between the parties hereto exists with respect to the liability and damages, if any,
arising out of the Incident, occurrences, events and/or Petition described above.
Insurer is the liability insurer of the Defendants, and as such, would be obligated to pay
any claim made or judgment obtained against Defendants which is covered by its policy
with Defendants.
The 342nd Judicial District Court in this cause duly appointed Guardian Ad Litem, Leslie
Starr Barrows to represent the best interests of Ramika Washington and Raymond
Washington, minors, with regard to whether their claims in this case should be settled, the
amount of the settlement and the disposition of the settlement proceeds.
The Parties hereto, have agreed upon a Full and Final Settlement and Release of any and
all claims, demands and causes of action that Plaintiff(s) may or might have against the
parties released herein as a claimed in the Petition.
AGREEMENT
The parties agree as follows:
1.0 Release and Discharge
1.1 In consideration of the payments set forth in Section 2.0, Plaintiff(s) hereby
completely release and forever discharge Defendants and Insurer from any and all
past, present and future claims, demands, obligations, actions, causes of action,
wrongful death claims, survival claims, rights, damages, costs, losses of services,
expenses and compensation of any nature whatsoever, whether based on a tort,
contract or other theory of recovery, which the Plaintiff(s) now have, or which may
hereafter accrue or otherwise be acquired, on account of, or may in any way grow
out of, the allegations and claims which are the subject of Plaintiff(s)’ Claim or
Petition (and all related pleadings and discovery) including, without limitation, any
and all known or unknown claims for bodily and personal injuries, any wrongful
death claim which have resulted or may result from the alleged acts or omissions
of the Defendants and Insurer, or any claim arising under the Employee Retirement
Income Security Act of 1974 or common law. This Release includes any and all
Sa
a a mg A aN RT NR A IE)
4
SETTLEMENT AGI EEMENT AND RELEASI
claims, demands and causes of action of whatsoever nature, whether arising at
common law, statutory law, in contract or in tort, and specifically includes all
claims of negligence of any character, strict liability, malice, fraud, breach of
warranty or contract, violation of any statutory enactment, breach of fiduciary
duty, bad faith, and any claim based upon any other theory of law, or theory of
recovery, known or unknown, presently existing or which might ever accrue in
the future, of whatever nature which could have been asserted in the Claim or any
other action, whether in litigation, arbitration or administrative or other
proceedings which relate in any way to the allegations set forth in the Claim or
pleadings or discovery of this case or which could have been set forth in the
Claim or Petition or discovery of this case or that were mentioned or alluded to
in the discovery of this case, whether actually known or asserted or not.
1.2 This release and discharge shall also apply to Defendants’ and Insurer’s past,
present and future officers, directors, stockholders, attorneys, agents, servants,
representatives, independent contractors, subcontractors, heirs, administrators,
occupational injury benefit plans (including the Daybreak Community Services,
Inc.. Occupational Injury Benefit Plan), employees, parent companies, subsidiaries,
affiliates, partners, parents, third party administrators (including Caprock Claims
Management, LLC), insurers (including Independence American Insurance
Company and any of its past, present or future owners, subsidiaries, parent
companies, affiliates, related companies, partnerships, employees, officers,
directors, stockholders, owners, members, representatives, assigns, attorneys,
agents, insurers, affiliates, third-party administrators, reinsurers), excess insurers,
reinsurers, predecessors and successors in interest and assigns and all other persons,
firms or corporations with whom any of the former have been, are now, or may
hereafter be affiliated.
1.3 This release, on the part of the Plaintiff(s) shall be a fully binding and complete
settlement among the Plaintiff(s), the Defendants and the Insurer, and their heirs,
assigns and successors and those parties identified in paragraph 1.2.
1.4 The Plaintiff(s) acknowledge and agree that the release and discharge set forth
above is a general release. Plaintiff(s) expressly waive and assume the risk of any
and all claims for damages which exist as of this date, but of which the Plaintiff(s)
do not know or suspect to exist, whether through ignorance, oversight, error,
negligence, or otherwise, and which, if known, would materially affect Plaintiff(s)
decision to enter into this Settlement Agreement. The Plaintiff(s) further agree that
Plaintiff(s) have accepted payment of the sums specified herein as a complete
compromise of matters involving disputed issues of law and fact. Plaintiff(s)
assume the risk that the facts or law may be other than Plaintiff(s) believe. It is
understood and agreed to by the parties that this settlement is a compromise of a
doubtful and disputed claim, and the payments are not to be construed as an
admission of liability on the part of the Defendants, by whom liability is expressly
denied.
ia 8 er ee ec ST SL Aas a a ER hs Ra a BR a
SETTLEMENT AGREEEMENT AND RELEASE 3
2.0 Payments
In consideration of the mutual promises, covenants and warranties set forth above, full name of
Defendant and/or Insurer purchasing annuity (“Assignor”), agrees to pay the total sum of Five
Hundred Sixteen Thousand, Six Hundred Sixty Six and 66/100 Dollars ($516,666.66) comprised
of cash and periodic payments in the manner set forth below:
1 To Anthony & Peterson, L.L.P. and Bonilla & Chapa, P.C. the sum of One Hundred Eighty
Thousand, Seven Hundred Eleven and 06/100 Dollars ($180,711.06).
To Registry of the Court the sum of Twenty Eight Thousand Six Hundred Eleven and
11/100 Dollars ($28,611.11) for Ramika Washington.
To Registry of the Court the sum of Twenty Eight Thousand Six Hundred Eleven and
11/100 Dollars ($28,611.11) for Raymond Washington.
To Prudential Assigned Settlement Services Corporation, the sum of Two Hundred
Seventy-Eight Thousand Seven Hundred Thirty-Three and 38/100 Dollars ($278,733.38),
for the purchase of'a “Qualified Funding Asset” in the form of an annuity policy or policies,
the sum sufficient to provide periodic payments, as defined in Section 130 of the Internal
Revenue Code of 1986, (the “Code”) as amended, which payments are set forth below:
Ramika Washington, Payee:
Commencing 07/01/2019, Ramika Washington will receive $1,557.89 per month for
six years guaranteed. The last guaranteed monthly payment will be 06/01/2025, and
Commencing 07/01/2019, Ramika Washington will receive $3,500.00 paid semi-
annually for 5 years guaranteed. The last guaranteed semi-annual payment will be
01/01/2024.
Raymond Washington, Payee:
Commencing 04/22/2022, Raymond Washington will receive $1,800.00 per month for six
years guaranteed. The last guaranteed monthly payment will be 03/22/2028, and
Guaranteed Lump Sums of:
$ 7,500.00 due on 04/22/2023
$10,000.00 due on 04/22/2024
$17,089.52 due on 04/22/2025
3.0 Payments Not Income
a a a 5 eR aha nh NS A i REE Sa te
SETTLEMENT AGREEEMENT AND RELEASE
All parties to this settlement agreement presently intend and contemplate that all of the
payments made to the Releasing Parties pursuant to this settlement agreement are for damages
received on account of personal physical injuries or physical sickness within the meaning of
Section 104(a)(2) and Section 130 of the Internal Revenue Code of 1986, as Amended, and no
portion of those amounts represent punitive damages, pre-judgment interest or post-judgment
interest. The Releasees agree that they will not file a Form 1099 reporting the settlement amount
to the Internal Revenue Service, except as required by the Internal Revenue Service for reporting
payments to attorneys.
4.0 Plaintiffs’ Right to Payments
Plaintiffs acknowledge that the rights to receive the future Periodic Payments described
herein (“Periodic Payments”) cannot be accelerated, deferred, increased or decreased by Plaintiff
or any payee; nor shall Plaintiffor any payee have the power to sell, mortgage, pledge, encumber
or anticipate the periodic payments or any part thereof, by assignment or otherwise. The rights to
receive periodic payments granted to the minor Plaintiff may not be sold, transferred,
hypothecated, pledged, or otherwise alienated in any manner, directly or indirectly, without the
prior approval of the then-sitting Judge of the above captioned Court, as evidenced by an Order
approving such transaction entered after compliance with all requirements of the Structured
Settlement Protection Act, Section 141.001, Texas Civil Practice and Remedies Code, as it now
exists or may hereafter be amended, or any successor to such statute. Further, prior to any sale,
transfer, hypothecation, pledge or other alienation, the then-sitting Judge of the above captioned
Court, must be presented with three (3) quotes from three (3) totally independent companies. A
quote is defined as the amount of money that the purchaser is willing to pay the annuitant/payee
for the right of the purchaser to receive the specified future periodic payments. Any purported or
attempted sale, transfer, hypothecation, pledge, or other alienation of such payments rights that
has not been so approved will be a direct violation of this agreement.
5.0 Consent to Qualified Assignment
The parties hereto acknowledge and agree Independence American Insurance Company
(“Assignor”) may make a “Qualified Assignment” to Prudential Assigned Settlement Services
Corporation (“Assignee”) of the obligations to make the periodic payments described herein. Such
assignment shall comply with the provisions of Section 130(c) of the Internal Revenue Code of
1986, as amended, (“the Code”) regarding “Qualified Assignments.” The assignment, if made is
accepted by the Plaintiffs without right of rejection. The Assignee’s obligation for payment of the
Periodic Payments shall be no greater than that of Released Parties and/or their Insurer (whether
by judgment or agreement) immediately preceding the assignment of the Periodic Payments
obligation. Upon assignment, Prudential Assigned Settlement Services Corporation or its designee
shall mail future payments directly to the Plaintiffs. Plaintiffs shall be responsible for maintaining
a proper mailing address with Prudential Assigned Settlement Services Corporation, Structured
Settlements, P.O. Box 70197, Philadelphia, PA 19176.
6.0 Right to Purchase an Annuity
a
RR SE PD SD
EMENT AGREEEMENT AND RELEASE
Prudential Assigned Settlement Services Corporation may fund the Periodic Payments by
purchasing a “Qualified Funding Asset,” within the meaning of Section 130(d) of the Code, in the
form of an annuity policy or policies from The Prudential Insurance Company of America. All
rights of ownership and control of such annuity policy or policies shall be vested in the Assignee,
but Prudential Assigned Settlement Services Corporation may have The Prudential Insurance
Company of America make payments directly to the Plaintiffs for Assignee’s convenience.
Structured Annuities, Inc., is the broker of record and the annuity premium check(s) shall be
delivered to Structured Annuities, Inc. at 2525 Ridgmar Blvd., Ste. #200, Fort Worth, Texas
76116.
7.0 Release of Obligations
Upon making such a "Qualified Assignment," Assignor shall be fully and completely
released from all obligations to make the Periodic Payments, and Plaintiffs acknowledge that only
Prudential Assigned Settlement Services Corporation shall be obligated to make the Periodic
Payments. Assignee's obligation to make each Periodic Payment shall be discharged upon the
mailing of a valid check, or its electronic equivalent to a U.S. Bank account in the amount due to
the address or account so designated by the Payee. If the Plaintiff or Payee notifies the Assignee
that any check or electronic funds transfer was not received the Assignee shall direct the Annuity
Issuer to initiate a stop payment action and, upon confirmation that such check was not previously
negotiated or electronic funds transfer deposited, shall have the Annuity Issuer process a
replacement payment.
8.0 Beneficiaries
Any payments to be made after the death of any Payee pursuant to the terms of this
Agreement shall be made to such person or entity as shall be designated in writing by the said
Payee, upon reaching the age of majority, to the Assignee. If no such entity is so designated by
said Payee, such payments shall be made to the Estate of the Payee. No such designation, or any
revocation thereof, shall be effective unless it is in writing and delivered to Assignee in a form
acceptable to Assignee, but in no event shall the request of the Payee be unreasonably withheld or
denied.
9.0 Attorney Fees
Each party hereto shall bear all attorney's fees and costs arising from the actions of its own
counsel in connection with this Settlement Agreement, the matters and documents referred to herein,
and all related matters.
10.0 General Release
The Plaintifi(s) hereby acknowledges and agrees that the release and discharge set forth above
is a general release. Plaintiff(s) expressly waives and assumes the risk of any and all claims for
damages that exist as of this date, but of which the Plaintiff(s) does not know or suspect to exist,
whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would
materially affect Plaintiff(s)' decision to enter into this Settlement Agreement. The Plaintiff(s) further
Re ta sr i le a ST AR a ES CI eR RRIC Meet eee,
SETTLEMENT AGRE MENT AND RELEASE 6
agrees that Plaintiff(s) has accepted payment of the sums specified herein as a complete compromise
of matters involving disputed issues of law and fact. Plaintiff(s) assumes the risk that the facts or law
may be other than Plaintiff(s) believes. It is understood and agreed to by the Parties that this settlement
is a compromise of a doubtful and disputed claim, and the payments are not be construed as an
admission of liability on the part of the Defendants, by whom liability is expressly denied.
11.0 Minor's Compromise
The undersigned executing this release on behalf of any minor agrees to provide the party
herein released with a certified copy of the Court's order approving the compromise of the minor's
claims. The undersigned hereby further agrees to forever and fully indemnify, defend and hold
harmless the party herein released of and from any and all damage or loss or costs, including
attorneys' fees or judgments which may be hereafter sustained by the party herein released, or his
insurance carriers, arising out of any claim or demand or suit or action taken by said minor or by any
other person on behalf of said minor, or as the heir or assignee of said minor.
12.0 Warranty of Capacity to Execute Agreement
Plaintiff(s) represents and warrants that no other person or entity has, or has had, any interest
in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement,
except as otherwise set forth herein; that Plaintiff{s) has the sole right and exclusive authority to
execute this Settlement Agreement and receive the sums specified in it; and that the Plaintiff(s) has
not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands,
obligations or causes of action referred to in this Settlement Agreement.
13.0 Good Faith Settlement
The Parties mutually agree by and through their attorneys and represent that the settlement
agreement set forth herein was entered into in good faith and to the satisfaction of the Parties.
14.0 Entire Agreement and Successors in Interest
This Settlement Agreement contains the entire agreement between the Plaintiff(s), the
Defendants and the Insurer with regard to the matters set forth in it and shall be binding upon and
enure to the benefit of the executors, administrators, personal representatives, heirs successors and
assigns of each.
15.0 Representation by Plaintiff(s)
Plaintiff(s) states that Plaintiff(s) has carefully read this Settlement Agreement in its entirety,
has conferred with Plaintiff(s)'s attorney, and knows and understands the contents of this Agreement.
Plaintiff(s) further understands and acknowledges that this Agreement has been negotiated by the
Parties through their respective counsel. Plaintiff(s) represents that Plaintiff(s) is not relying on the
advice of Defendants and Defendants’ liability Insurer or anyone associated with the Defendants and
Defendants’ liability Insurer concerning the legal or tax consequences of this Agreement, nor is this
Agreement contingent upon any favorable tax determination. Accordingly, Plaintiff(s) hereby
a a A NN SERRE TE CR ME i
5
SETTLEMENT AGREEEMENT AND RELEASE 7
releases and holds harmless Defendants and Defendants’ liability Insurer, Defendants’ counsel or
consultants from any claims of any kind which Plaintiff(s) may assert because of any unforeseen
consequences of this Settlement Agreement.
16.0 Delivery of Dismissal with Prejudice
Concurrently with the execution of this Settlement Agreement and Release, counsel for the
Plaintiff(s) shall deliver to counsel for the Defendants or counsel for the Insurer an executed
Dismissal with Prejudice of the Complaint. Plaintiff(s) hereby authorize counsel for the
Defendants and/or counsel for the Insurer to file said Dismissal with the Court and enter it as a
matter of record.
17.0 Representation of Comprehension of Document
Plaintiff(s) acknowledge that Plaintiff(s) have been represented by their own attorney and
Guardian Ad Litem throughout the negotiations leading to this Settlement Agreement and
Release, and that Plaintiff(s) have consulted with their own attorney and Guardian Ad Litem
regarding the meaning and effect of this Agreement. Having been represented by an attorney and
Guardian Ad Litem throughout these negotiations leading to this Settlement Agreement and
Release and having fully consulted with an attorney and Guardian Ad Litem regarding the
meaning and effect of this Agreement, Plaintiff(s) agree that the terms and provisions of this
Agreement are not to be construed more strictly against Defendants or any party released herein
and that it is the intention of all parties to this agreement that its terms and provisions be construed
as having the plain meaning of the terms used herein. Plaintiff(s) states that Plaintiff(s) has
carefully read this Settlement Agreement in its entirety, has conferred with Plaintiff(s)' attorney, and
knows and understands the contents of this Agreement. Plaintiff(s) further understands and
acknowledges that this Agreement has been negotiated by the Parties through their respective
counsel. Plaintiff(s) represents that Plaintiff(s) is not relying on the advice of Defendants and
Defendants’ liability Insurer or anyone associated with the Defendants and Defendants’ liability
Insurer concerning the legal or tax consequences of this Agreement, nor is this Agreement contingent
upon any favorable tax determination. Accordingly, Plaintiff(s) hereby releases and holds harmless
Defendants and Defendants’ liability Insurer, Defendants’ counsel or consultants from any claims of
any kind which Plaintifi(s) may assert because of any unforeseen consequences of this Settlement
Agreement. Plaintiff(s) and their attorneys acknowledge and warrant that this document,
including any verifications of Plaintiff(s) made before a notary public, if any, have been translated
and orally communicated to Plaintiff(s) by their attorneys or his agents in their native language.
18.0 Warranty of Capacity to Enter into this Agreement
Plaintiff(s) represent and warrant that they have not assigned or transferred all or any part
of the claims, demands, actions or causes of action referred to in Paragraph 1.1 of this Settlement
Agreement and Release to any person, firm or corporation save and except for any assignments
by Plaintiff(s) under the terms of a contingency contract for services rendered by Plaintiff(s)’
attorneys, Anthony & Peterson, L.L.P. and Bonilla & Chapa, P.C., in the representation of
Plaintiff(s) in this suit, and further agree and warrant that they will not now or in the future assign
or transfer any claim or right of action or right of subrogation against Defendants and/or any party
I
A SS A EE
SETTLEMENT AGREEEMENT AND RELEASE 8
released herein to any person, firm, entity, agency, governmental body or corporation. Plaintiff(s)
further represent and warrant that they are or represent the full and sole owners of the claims,
demands, actions or causes of action referred to in Paragraph of 1.1 of this Settlement Agreement
and Release at the time of the execution of this Settlement Agreement and Release. To the extent,
if any, Plaintiff(s) now have or may hereafter have any other claims against the Defendants not
released herein that relate to the claims or causes of action identified in Paragraph 1.1 of this
Settlement Agreement and Release, Plaintiff(s) hereby assign those claims to Defendants.
Plaintiff(s) further represent that they have the sole right and exclusive authority to execute this
Settlement Agreement and receive the sums specified in it.
19.0 Governing Law
This Settlement Agreement shall be construed and interpreted in accordance with the laws of the
State of Texas. Any action or proceeding in respect of any claim arising out of or related to the
Settlement Agreement, whether in tort or contract or at law or in equity, will be brought exclusively
in the appropriate federal or state courts located in Tarrant County Texas (“Chosen Courts”). In
addition, each party (a) hereby irrevocably submits to the exclusive jurisdiction of the Chosen
Courts, (b) hereby waives, to the fullest extent permitted by applicable law, any objection to laying
venue in the Chosen Courts and agrees that it will not attempt to deny or defeat such personal
jurisdiction by motion or other request for leave from any such court, and (c) hereby waives any
objection or defense that the Chosen Courts are an inconvenient forum or do not have personal
jurisdiction over any party.
20.0 Additional Documents
All parties 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 and intent of this Settlement Agreement and Release.
21.0 Entire Agreement and Successors in Interest
This Settlement Agreement and Release contains the entire agreement between the Plaintiff(s), the
Defendants and the Insurer with regard to the matters set forth in it and shall be binding upon and
inure to the benefit of the executors, administrators, personal representatives, heirs, successors and
assigns of each.
22.0 Effectiveness
This Settlement Agreement shall become effective immediately following execution by each of
the parties.
23.0 Court Costs
Each party shall bear and pay their own taxable court costs, expenses, attorneys’ fees, and other
costs incurred in this suit.
AS a I a a TR PN PR REE EF]
SETTLEMENT AGREEEMENT AND RELEASE 9
24.0 Future Claims Indemnity
Should Plaintiff(s) at any time in the future before or after reaching majority, make any claim
against any party released herein or file a legal action of any nature arising out of the events alleged
in the Petition against any party released herein, Plaintiff(s) will indemnify the party against whom
Plaintiff(s) makes such a claim by paying in full all legal expenses, to include costs of defense,
and any amount recovered against them growing out of any such future claim or legal action.
25.0 Additional Representations
As further consideration for the execution of this Agreement, the parties hereto each represent as
an inducement to the other that:
A Plaintiff(s) completely and thoroughly understands that this is a complete and final
settlement of any and all claims which Plaintiffs(s) have against the parties released herein.
Plaintiff(s) also understands that they shall not receive any further payments from the Released
Parties herein on account of any personal injuries or damages claimed or that could have been
claimed by the against the parties released herein, except those amounts and the consideration
specifically stated herein;
B That in entering into this Agreement, Plaintiff(s) are doing so freely and voluntarily
upon the advice of their own counsel and the duly appointed Guardian Ad Litem and in the exercise
of their own free will, act and deed, free of duress or coercion;
c That except as specifically contained herein, no representations, promises, or other
statements made by the Released Parties, nor their attorneys and representatives have influenced
Plaintiff(s) or the duly appointed Guardian Ad Litem in making and executing this Agreement and
the Plaintiff(s) and the Guardian Ad Litem realize that this Agreement is final and conclusive and
that it is their desire that it be final and conclusive.
26.0 Disputed Claim
It is expressly understood and agreed that this is a settlement of a disputed claim, and that the
above-described payment is not to be construed as an admission of liability on the part of the
parties released herein, and that the parties released herein do not, by making this Agreement,
admit any liability, negligence or fault in connection with the Incident, and none of the papers or
documents pertaining to this Agreement nor the existence of the settlement shall be admissible
against the Released Parties, in any suit now pending or which might hereafter be filed by any
person, firm or corporation, except to enforce this Agreement.
27.0 Facsimile Copies
The Settlement Agreement may be signed on counterparts and delivered by fax or e-mail, each of
which shall be treated as an original.
a ne aie RS aa te SA eR en a as eg cea aN Ni pe we kee
SETTLEMENT AGREEE! NT AND RELEASE 10
28.0 Savings Clause
If any provision of this Settlement Agreement or the application thereof to any of the parties hereto
is held invalid, any such invalidity shall not affect other provisions or applications of this
Settlement Agreement.
Felicia Eldridge as Next Friend of Ramika
Washington and Raymond Washington, minors
Signature:
Date:
Leslie Starr Barrows, Guardian Ad Litem for Ramika
Washington and Raymond Washington, minors
Signature:
fi
A ali Loarie2—
Date:
Q-F-14
Approved as to Form and Content:
ANTHONY & PETERSON, L.L.P. and BONILLA
& CHAPA, P.C.
Signature:
Date:
Independence American Insurance Company
Signature:
Date:
RB TS I a EE IE aE ET]
SETTLEMENT AGREEEMENT AND RELEASE i
Preview
342-287627-16 FILED TARRANT COUNTY 2/7/2019 5:14 PM THOMAS A. WILDER CAUSE NO. 342-287627-16 DISTRICT CLERK MARQUISE MARTIN, IN THE DISTRICT COURT INDIVDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CARLA HARVEY, DECEASED, AND FELICIA 342NP JUDICIAL DISTRICT ELDRIDGE, AS NEXT FRIEND OF R.J.W., A MINOR AND R.R.W., A MINOR Plaintiff, Vv DAYBREAK COMMUNITY SERVICES, INC., DAYBREAK COMMUNITY SERVICE TEXAS, LLC; AND DAYBREAK GROUP, LTD. TARRANT COUNTY, TEXAS Cco.; Defendants SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the “Settlement Agreement”) is made and entered into this 8" day of February 2019, by and among: “Plaintiff(s)” or “Payee” Ramika Washington and Raymond Washington, minors, by and through Felicia Eldridge as Next Friend, and Leslie Starr Barrows, Guardian Ad Litem “Defendants” Daybreak Community Services, Inc., Daybreak Community Service Texas, LLC, and Daybreak Group, Ltd. “Insurer” Independence American Insurance Company The above terms are used throughout these documents to represent the persons and entities described above. The parties desire to enter into this Settlement Agreement in order to provide for certain payments in full settlement and discharge of all claims which are, or might have been, the subject matter of the Petition, as defined below, upon the terms and conditions set forth below. Re aaa RS i Se aie ae i Ee Sale CE a a | SETTLEMENT AGREEEMENT AND RELEASE 1 RECITALS A. Plaintiff(s) filed a Petition and Amended Petitions against Defendants in the Tarrant County, District Court, 342nd Judicial District, State of Texas, Cause No. 342-287627-16 (the “Petition”), which alleged certain alleged negligent acts or omissions by Defendants. In the Petition, Plaintiff(s) sought to recover monetary damages as a result of that certain occurrence on or about May 10, 2016, which resulted in physical and personal injuries and death to Plaintiff(s)’ mother, Carla Harvey. Plaintiff(s) sued for damages in the Petition as a result of this Incident (the “Incident”). A dispute between the parties hereto exists with respect to the liability and damages, if any, arising out of the Incident, occurrences, events and/or Petition described above. Insurer is the liability insurer of the Defendants, and as such, would be obligated to pay any claim made or judgment obtained against Defendants which is covered by its policy with Defendants. The 342nd Judicial District Court in this cause duly appointed Guardian Ad Litem, Leslie Starr Barrows to represent the best interests of Ramika Washington and Raymond Washington, minors, with regard to whether their claims in this case should be settled, the amount of the settlement and the disposition of the settlement proceeds. The Parties hereto, have agreed upon a Full and Final Settlement and Release of any and all claims, demands and causes of action that Plaintiff(s) may or might have against the parties released herein as a claimed in the Petition. AGREEMENT The parties agree as follows: 1.0 Release and Discharge 1.1 In consideration of the payments set forth in Section 2.0, Plaintiff(s) hereby completely release and forever discharge Defendants and Insurer from any and all past, present and future claims, demands, obligations, actions, causes of action, wrongful death claims, survival claims, rights, damages, costs, losses of services, expenses and compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery, which the Plaintiff(s) now have, or which may hereafter accrue or otherwise be acquired, on account of, or may in any way grow out of, the allegations and claims which are the subject of Plaintiff(s)’ Claim or Petition (and all related pleadings and discovery) including, without limitation, any and all known or unknown claims for bodily and personal injuries, any wrongful death claim which have resulted or may result from the alleged acts or omissions of the Defendants and Insurer, or any claim arising under the Employee Retirement Income Security Act of 1974 or common law. This Release includes any and all Sa a a mg A aN RT NR A IE) 4 SETTLEMENT AGI EEMENT AND RELEASI claims, demands and causes of action of whatsoever nature, whether arising at common law, statutory law, in contract or in tort, and specifically includes all claims of negligence of any character, strict liability, malice, fraud, breach of warranty or contract, violation of any statutory enactment, breach of fiduciary duty, bad faith, and any claim based upon any other theory of law, or theory of recovery, known or unknown, presently existing or which might ever accrue in the future, of whatever nature which could have been asserted in the Claim or any other action, whether in litigation, arbitration or administrative or other proceedings which relate in any way to the allegations set forth in the Claim or pleadings or discovery of this case or which could have been set forth in the Claim or Petition or discovery of this case or that were mentioned or alluded to in the discovery of this case, whether actually known or asserted or not. 1.2 This release and discharge shall also apply to Defendants’ and Insurer’s past, present and future officers, directors, stockholders, attorneys, agents, servants, representatives, independent contractors, subcontractors, heirs, administrators, occupational injury benefit plans (including the Daybreak Community Services, Inc.. Occupational Injury Benefit Plan), employees, parent companies, subsidiaries, affiliates, partners, parents, third party administrators (including Caprock Claims Management, LLC), insurers (including Independence American Insurance Company and any of its past, present or future owners, subsidiaries, parent companies, affiliates, related companies, partnerships, employees, officers, directors, stockholders, owners, members, representatives, assigns, attorneys, agents, insurers, affiliates, third-party administrators, reinsurers), excess insurers, reinsurers, predecessors and successors in interest and assigns and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated. 1.3 This release, on the part of the Plaintiff(s) shall be a fully binding and complete settlement among the Plaintiff(s), the Defendants and the Insurer, and their heirs, assigns and successors and those parties identified in paragraph 1.2. 1.4 The Plaintiff(s) acknowledge and agree that the release and discharge set forth above is a general release. Plaintiff(s) expressly waive and assume the risk of any and all claims for damages which exist as of this date, but of which the Plaintiff(s) do not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect Plaintiff(s) decision to enter into this Settlement Agreement. The Plaintiff(s) further agree that Plaintiff(s) have accepted payment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact. Plaintiff(s) assume the risk that the facts or law may be other than Plaintiff(s) believe. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim, and the payments are not to be construed as an admission of liability on the part of the Defendants, by whom liability is expressly denied. ia 8 er ee ec ST SL Aas a a ER hs Ra a BR a SETTLEMENT AGREEEMENT AND RELEASE 3 2.0 Payments In consideration of the mutual promises, covenants and warranties set forth above, full name of Defendant and/or Insurer purchasing annuity (“Assignor”), agrees to pay the total sum of Five Hundred Sixteen Thousand, Six Hundred Sixty Six and 66/100 Dollars ($516,666.66) comprised of cash and periodic payments in the manner set forth below: 1 To Anthony & Peterson, L.L.P. and Bonilla & Chapa, P.C. the sum of One Hundred Eighty Thousand, Seven Hundred Eleven and 06/100 Dollars ($180,711.06). To Registry of the Court the sum of Twenty Eight Thousand Six Hundred Eleven and 11/100 Dollars ($28,611.11) for Ramika Washington. To Registry of the Court the sum of Twenty Eight Thousand Six Hundred Eleven and 11/100 Dollars ($28,611.11) for Raymond Washington. To Prudential Assigned Settlement Services Corporation, the sum of Two Hundred Seventy-Eight Thousand Seven Hundred Thirty-Three and 38/100 Dollars ($278,733.38), for the purchase of'a “Qualified Funding Asset” in the form of an annuity policy or policies, the sum sufficient to provide periodic payments, as defined in Section 130 of the Internal Revenue Code of 1986, (the “Code”) as amended, which payments are set forth below: Ramika Washington, Payee: Commencing 07/01/2019, Ramika Washington will receive $1,557.89 per month for six years guaranteed. The last guaranteed monthly payment will be 06/01/2025, and Commencing 07/01/2019, Ramika Washington will receive $3,500.00 paid semi- annually for 5 years guaranteed. The last guaranteed semi-annual payment will be 01/01/2024. Raymond Washington, Payee: Commencing 04/22/2022, Raymond Washington will receive $1,800.00 per month for six years guaranteed. The last guaranteed monthly payment will be 03/22/2028, and Guaranteed Lump Sums of: $ 7,500.00 due on 04/22/2023 $10,000.00 due on 04/22/2024 $17,089.52 due on 04/22/2025 3.0 Payments Not Income a a a 5 eR aha nh NS A i REE Sa te SETTLEMENT AGREEEMENT AND RELEASE All parties to this settlement agreement presently intend and contemplate that all of the payments made to the Releasing Parties pursuant to this settlement agreement are for damages received on account of personal physical injuries or physical sickness within the meaning of Section 104(a)(2) and Section 130 of the Internal Revenue Code of 1986, as Amended, and no portion of those amounts represent punitive damages, pre-judgment interest or post-judgment interest. The Releasees agree that they will not file a Form 1099 reporting the settlement amount to the Internal Revenue Service, except as required by the Internal Revenue Service for reporting payments to attorneys. 4.0 Plaintiffs’ Right to Payments Plaintiffs acknowledge that the rights to receive the future Periodic Payments described herein (“Periodic Payments”) cannot be accelerated, deferred, increased or decreased by Plaintiff or any payee; nor shall Plaintiffor any payee have the power to sell, mortgage, pledge, encumber or anticipate the periodic payments or any part thereof, by assignment or otherwise. The rights to receive periodic payments granted to the minor Plaintiff may not be sold, transferred, hypothecated, pledged, or otherwise alienated in any manner, directly or indirectly, without the prior approval of the then-sitting Judge of the above captioned Court, as evidenced by an Order approving such transaction entered after compliance with all requirements of the Structured Settlement Protection Act, Section 141.001, Texas Civil Practice and Remedies Code, as it now exists or may hereafter be amended, or any successor to such statute. Further, prior to any sale, transfer, hypothecation, pledge or other alienation, the then-sitting Judge of the above captioned Court, must be presented with three (3) quotes from three (3) totally independent companies. A quote is defined as the amount of money that the purchaser is willing to pay the annuitant/payee for the right of the purchaser to receive the specified future periodic payments. Any purported or attempted sale, transfer, hypothecation, pledge, or other alienation of such payments rights that has not been so approved will be a direct violation of this agreement. 5.0 Consent to Qualified Assignment The parties hereto acknowledge and agree Independence American Insurance Company (“Assignor”) may make a “Qualified Assignment” to Prudential Assigned Settlement Services Corporation (“Assignee”) of the obligations to make the periodic payments described herein. Such assignment shall comply with the provisions of Section 130(c) of the Internal Revenue Code of 1986, as amended, (“the Code”) regarding “Qualified Assignments.” The assignment, if made is accepted by the Plaintiffs without right of rejection. The Assignee’s obligation for payment of the Periodic Payments shall be no greater than that of Released Parties and/or their Insurer (whether by judgment or agreement) immediately preceding the assignment of the Periodic Payments obligation. Upon assignment, Prudential Assigned Settlement Services Corporation or its designee shall mail future payments directly to the Plaintiffs. Plaintiffs shall be responsible for maintaining a proper mailing address with Prudential Assigned Settlement Services Corporation, Structured Settlements, P.O. Box 70197, Philadelphia, PA 19176. 6.0 Right to Purchase an Annuity a RR SE PD SD EMENT AGREEEMENT AND RELEASE Prudential Assigned Settlement Services Corporation may fund the Periodic Payments by purchasing a “Qualified Funding Asset,” within the meaning of Section 130(d) of the Code, in the form of an annuity policy or policies from The Prudential Insurance Company of America. All rights of ownership and control of such annuity policy or policies shall be vested in the Assignee, but Prudential Assigned Settlement Services Corporation may have The Prudential Insurance Company of America make payments directly to the Plaintiffs for Assignee’s convenience. Structured Annuities, Inc., is the broker of record and the annuity premium check(s) shall be delivered to Structured Annuities, Inc. at 2525 Ridgmar Blvd., Ste. #200, Fort Worth, Texas 76116. 7.0 Release of Obligations Upon making such a "Qualified Assignment," Assignor shall be fully and completely released from all obligations to make the Periodic Payments, and Plaintiffs acknowledge that only Prudential Assigned Settlement Services Corporation shall be obligated to make the Periodic Payments. Assignee's obligation to make each Periodic Payment shall be discharged upon the mailing of a valid check, or its electronic equivalent to a U.S. Bank account in the amount due to the address or account so designated by the Payee. If the Plaintiff or Payee notifies the Assignee that any check or electronic funds transfer was not received the Assignee shall direct the Annuity Issuer to initiate a stop payment action and, upon confirmation that such check was not previously negotiated or electronic funds transfer deposited, shall have the Annuity Issuer process a replacement payment. 8.0 Beneficiaries Any payments to be made after the death of any Payee pursuant to the terms of this Agreement shall be made to such person or entity as shall be designated in writing by the said Payee, upon reaching the age of majority, to the Assignee. If no such entity is so designated by said Payee, such payments shall be made to the Estate of the Payee. No such designation, or any revocation thereof, shall be effective unless it is in writing and delivered to Assignee in a form acceptable to Assignee, but in no event shall the request of the Payee be unreasonably withheld or denied. 9.0 Attorney Fees Each party hereto shall bear all attorney's fees and costs arising from the actions of its own counsel in connection with this Settlement Agreement, the matters and documents referred to herein, and all related matters. 10.0 General Release The Plaintifi(s) hereby acknowledges and agrees that the release and discharge set forth above is a general release. Plaintiff(s) expressly waives and assumes the risk of any and all claims for damages that exist as of this date, but of which the Plaintiff(s) does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect Plaintiff(s)' decision to enter into this Settlement Agreement. The Plaintiff(s) further Re ta sr i le a ST AR a ES CI eR RRIC Meet eee, SETTLEMENT AGRE MENT AND RELEASE 6 agrees that Plaintiff(s) has accepted payment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact. Plaintiff(s) assumes the risk that the facts or law may be other than Plaintiff(s) believes. It is understood and agreed to by the Parties that this settlement is a compromise of a doubtful and disputed claim, and the payments are not be construed as an admission of liability on the part of the Defendants, by whom liability is expressly denied. 11.0 Minor's Compromise The undersigned executing this release on behalf of any minor agrees to provide the party herein released with a certified copy of the Court's order approving the compromise of the minor's claims. The undersigned hereby further agrees to forever and fully indemnify, defend and hold harmless the party herein released of and from any and all damage or loss or costs, including attorneys' fees or judgments which may be hereafter sustained by the party herein released, or his insurance carriers, arising out of any claim or demand or suit or action taken by said minor or by any other person on behalf of said minor, or as the heir or assignee of said minor. 12.0 Warranty of Capacity to Execute Agreement Plaintiff(s) represents and warrants that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement, except as otherwise set forth herein; that Plaintiff{s) has the sole right and exclusive authority to execute this Settlement Agreement and receive the sums specified in it; and that the Plaintiff(s) has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Settlement Agreement. 13.0 Good Faith Settlement The Parties mutually agree by and through their attorneys and represent that the settlement agreement set forth herein was entered into in good faith and to the satisfaction of the Parties. 14.0 Entire Agreement and Successors in Interest This Settlement Agreement contains the entire agreement between the Plaintiff(s), the Defendants and the Insurer with regard to the matters set forth in it and shall be binding upon and enure to the benefit of the executors, administrators, personal representatives, heirs successors and assigns of each. 15.0 Representation by Plaintiff(s) Plaintiff(s) states that Plaintiff(s) has carefully read this Settlement Agreement in its entirety, has conferred with Plaintiff(s)'s attorney, and knows and understands the contents of this Agreement. Plaintiff(s) further understands and acknowledges that this Agreement has been negotiated by the Parties through their respective counsel. Plaintiff(s) represents that Plaintiff(s) is not relying on the advice of Defendants and Defendants’ liability Insurer or anyone associated with the Defendants and Defendants’ liability Insurer concerning the legal or tax consequences of this Agreement, nor is this Agreement contingent upon any favorable tax determination. Accordingly, Plaintiff(s) hereby a a A NN SERRE TE CR ME i 5 SETTLEMENT AGREEEMENT AND RELEASE 7 releases and holds harmless Defendants and Defendants’ liability Insurer, Defendants’ counsel or consultants from any claims of any kind which Plaintiff(s) may assert because of any unforeseen consequences of this Settlement Agreement. 16.0 Delivery of Dismissal with Prejudice Concurrently with the execution of this Settlement Agreement and Release, counsel for the Plaintiff(s) shall deliver to counsel for the Defendants or counsel for the Insurer an executed Dismissal with Prejudice of the Complaint. Plaintiff(s) hereby authorize counsel for the Defendants and/or counsel for the Insurer to file said Dismissal with the Court and enter it as a matter of record. 17.0 Representation of Comprehension of Document Plaintiff(s) acknowledge that Plaintiff(s) have been represented by their own attorney and Guardian Ad Litem throughout the negotiations leading to this Settlement Agreement and Release, and that Plaintiff(s) have consulted with their own attorney and Guardian Ad Litem regarding the meaning and effect of this Agreement. Having been represented by an attorney and Guardian Ad Litem throughout these negotiations leading to this Settlement Agreement and Release and having fully consulted with an attorney and Guardian Ad Litem regarding the meaning and effect of this Agreement, Plaintiff(s) agree that the terms and provisions of this Agreement are not to be construed more strictly against Defendants or any party released herein and that it is the intention of all parties to this agreement that its terms and provisions be construed as having the plain meaning of the terms used herein. Plaintiff(s) states that Plaintiff(s) has carefully read this Settlement Agreement in its entirety, has conferred with Plaintiff(s)' attorney, and knows and understands the contents of this Agreement. Plaintiff(s) further understands and acknowledges that this Agreement has been negotiated by the Parties through their respective counsel. Plaintiff(s) represents that Plaintiff(s) is not relying on the advice of Defendants and Defendants’ liability Insurer or anyone associated with the Defendants and Defendants’ liability Insurer concerning the legal or tax consequences of this Agreement, nor is this Agreement contingent upon any favorable tax determination. Accordingly, Plaintiff(s) hereby releases and holds harmless Defendants and Defendants’ liability Insurer, Defendants’ counsel or consultants from any claims of any kind which Plaintifi(s) may assert because of any unforeseen consequences of this Settlement Agreement. Plaintiff(s) and their attorneys acknowledge and warrant that this document, including any verifications of Plaintiff(s) made before a notary public, if any, have been translated and orally communicated to Plaintiff(s) by their attorneys or his agents in their native language. 18.0 Warranty of Capacity to Enter into this Agreement Plaintiff(s) represent and warrant that they have not assigned or transferred all or any part of the claims, demands, actions or causes of action referred to in Paragraph 1.1 of this Settlement Agreement and Release to any person, firm or corporation save and except for any assignments by Plaintiff(s) under the terms of a contingency contract for services rendered by Plaintiff(s)’ attorneys, Anthony & Peterson, L.L.P. and Bonilla & Chapa, P.C., in the representation of Plaintiff(s) in this suit, and further agree and warrant that they will not now or in the future assign or transfer any claim or right of action or right of subrogation against Defendants and/or any party I A SS A EE SETTLEMENT AGREEEMENT AND RELEASE 8 released herein to any person, firm, entity, agency, governmental body or corporation. Plaintiff(s) further represent and warrant that they are or represent the full and sole owners of the claims, demands, actions or causes of action referred to in Paragraph of 1.1 of this Settlement Agreement and Release at the time of the execution of this Settlement Agreement and Release. To the extent, if any, Plaintiff(s) now have or may hereafter have any other claims against the Defendants not released herein that relate to the claims or causes of action identified in Paragraph 1.1 of this Settlement Agreement and Release, Plaintiff(s) hereby assign those claims to Defendants. Plaintiff(s) further represent that they have the sole right and exclusive authority to execute this Settlement Agreement and receive the sums specified in it. 19.0 Governing Law This Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of Texas. Any action or proceeding in respect of any claim arising out of or related to the Settlement Agreement, whether in tort or contract or at law or in equity, will be brought exclusively in the appropriate federal or state courts located in Tarrant County Texas (“Chosen Courts”). In addition, each party (a) hereby irrevocably submits to the exclusive jurisdiction of the Chosen Courts, (b) hereby waives, to the fullest extent permitted by applicable law, any objection to laying venue in the Chosen Courts and agrees that it will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, and (c) hereby waives any objection or defense that the Chosen Courts are an inconvenient forum or do not have personal jurisdiction over any party. 20.0 Additional Documents All parties 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 and intent of this Settlement Agreement and Release. 21.0 Entire Agreement and Successors in Interest This Settlement Agreement and Release contains the entire agreement between the Plaintiff(s), the Defendants and the Insurer with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each. 22.0 Effectiveness This Settlement Agreement shall become effective immediately following execution by each of the parties. 23.0 Court Costs Each party shall bear and pay their own taxable court costs, expenses, attorneys’ fees, and other costs incurred in this suit. AS a I a a TR PN PR REE EF] SETTLEMENT AGREEEMENT AND RELEASE 9 24.0 Future Claims Indemnity Should Plaintiff(s) at any time in the future before or after reaching majority, make any claim against any party released herein or file a legal action of any nature arising out of the events alleged in the Petition against any party released herein, Plaintiff(s) will indemnify the party against whom Plaintiff(s) makes such a claim by paying in full all legal expenses, to include costs of defense, and any amount recovered against them growing out of any such future claim or legal action. 25.0 Additional Representations As further consideration for the execution of this Agreement, the parties hereto each represent as an inducement to the other that: A Plaintiff(s) completely and thoroughly understands that this is a complete and final settlement of any and all claims which Plaintiffs(s) have against the parties released herein. Plaintiff(s) also understands that they shall not receive any further payments from the Released Parties herein on account of any personal injuries or damages claimed or that could have been claimed by the against the parties released herein, except those amounts and the consideration specifically stated herein; B That in entering into this Agreement, Plaintiff(s) are doing so freely and voluntarily upon the advice of their own counsel and the duly appointed Guardian Ad Litem and in the exercise of their own free will, act and deed, free of duress or coercion; c That except as specifically contained herein, no representations, promises, or other statements made by the Released Parties, nor their attorneys and representatives have influenced Plaintiff(s) or the duly appointed Guardian Ad Litem in making and executing this Agreement and the Plaintiff(s) and the Guardian Ad Litem realize that this Agreement is final and conclusive and that it is their desire that it be final and conclusive. 26.0 Disputed Claim It is expressly understood and agreed that this is a settlement of a disputed claim, and that the above-described payment is not to be construed as an admission of liability on the part of the parties released herein, and that the parties released herein do not, by making this Agreement, admit any liability, negligence or fault in connection with the Incident, and none of the papers or documents pertaining to this Agreement nor the existence of the settlement shall be admissible against the Released Parties, in any suit now pending or which might hereafter be filed by any person, firm or corporation, except to enforce this Agreement. 27.0 Facsimile Copies The Settlement Agreement may be signed on counterparts and delivered by fax or e-mail, each of which shall be treated as an original. a ne aie RS aa te SA eR en a as eg cea aN Ni pe we kee SETTLEMENT AGREEE! NT AND RELEASE 10 28.0 Savings Clause If any provision of this Settlement Agreement or the application thereof to any of the parties hereto is held invalid, any such invalidity shall not affect other provisions or applications of this Settlement Agreement. Felicia Eldridge as Next Friend of Ramika Washington and Raymond Washington, minors Signature: Date: Leslie Starr Barrows, Guardian Ad Litem for Ramika Washington and Raymond Washington, minors Signature: fi A ali Loarie2— Date: Q-F-14 Approved as to Form and Content: ANTHONY & PETERSON, L.L.P. and BONILLA & CHAPA, P.C. Signature: Date: Independence American Insurance Company Signature: Date: RB TS I a EE IE aE ET] SETTLEMENT AGREEEMENT AND RELEASE i