RELEASE

ND SETTLEMENT A

EMENT

This Release and Settlement Agreement (hereinafter "Agreement") is made and entered into
by Plaintiffs Tammie and Pedro Ortiz (hereinafter "the Plaintiffs");Defendant/Third-Party Plaintiff

David C. Whitlock (hereinafter "Whitlock"); Third-Party Defendant tuisvilleefferson County

Metro Government (hereinafter "Louisville Metro"); and Intervening Plaintiff Guide One Mutual
Insurance Company (hereinafter "Guide One")(hereinafter collectively "the Pafties").

WHEREAS, on or about November I,2012, Plaintiffs filed a civil action in the Jefferson
Circuit Court against Whitlock stemming from an alleged shooting which occurred on or about
November 2,2011in the parking lot of a Walmart in Jefferson County, Kentucky.

WHEREAS, on or about April 30, z}I3,Whitlock was granted leave by the Jefferson Circuit
Court to file a Third Party Complaint for declaratory relief against Louisville Metro.
WHEREAS, on or about July 22,20l3,Guide One was granted leave by the Jefferson Circuit
Court to file an Intervening Complaint for Declaratory Judgment.
WHEREAS, the Parties now desire to settle and resolve any and all claims between them, or
any and all claims that could have been asserted against each of them,'either at state law or at federal

law, or in any other form from beginning of time to the date of the signing of this Agreement.

NOW, THEREFORE:

1.

All claims shall

Z.

For the good and valuable consideration of Seventy-Five Thousand Dollars and No

be voluntarily dismissed with prejudice.

Cenrs ($75,000.00) payable to the Plaintiffs by Louisville Metro and on behalf of Whitlock, the
receipt of which is hereby acknowledged, the Parties enter into this Release of and for any and all

claims by and between the Parties hereto. Plaintiffs do for themselves, their heirs, executors,

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administrators, successors and assigns, hereby release and forever discharge'Whitlock, I-ouisville

Metro and Guide One, its agents, employers, employees, servants, officers, directors, officials,
representatives, insurers, successors and assigns, from any and all claims, demands, actions, andlor

arbitration award, which the Plaintiffs now have or may have arising out of the facts of this case,
including claims for negligence, punitive damages, expenses of any kind, costs, liens of any kind,
attorneys' fees, and any other loss, damage or expense, resulting, or to result, from the alleged acts
and/or omissions of Whitlock, whether acting individually, as an agent
an agent

of a private entity,

and/or as

of a governmental entity, pertaining, in any way, to the alleged shooting which occurred on

or about November

3.

2,20I\ in the parking lot of a Walmart in Jefferson County, Kentucky'

The Parties acknowledge, understand and agree that it is the intent and purpose of this

Agreement that Whitlock, l-ouisville Metro, and Guide One will nevsr have to pay any sums to the

Plaintiffs, or any other person or entity, on account of any and all claims that have been asserted, or
could have been asserted against Whitlock, Louisville Metro or Guide One from the beginning of
time until the execution of this Agreement.

4.

The Parties acknowledge, understand, and agree that the damages that have been

allegedly sustained, and the alleged legal liability thereof, are disputed and denied, and that the
purpose of this Agreement is to compromise and terminate all claims, including all claims for costs,

attorneys' fees, and both known and unknown injuries and damages of whatsoever nature, including

all future developments thereof, from the beginning of time until date of the execution of this
Agreement.

5.

The Parties acknowledge, understand, and agree that the release of claims set forth

herein is a compromised settlement of

bona fide disputed claim in which the liability

.,

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of Whitlock,

I-ouisville Metro and Guide One Defendants is specifically denied, that the purpose of this settlement
is to avoid trial expense, attorneys' fees and other costs, and that the payment of settlement monies is

not to be, and will not be, construed as an admission of liability on the part of Whitlock,

luisville

Metro or Guide One.

6.

The Plaintiffs acknowledge, understand, and agree that this Agreement shall apply to

all unknown and unanticipated injuries and damages resulting from the matters referred to herein,

as

well as those injuries and damages now disclosed.

7

The Plaintiffs acknowledge, understand, and aglee that Whitlock, I-ouisville Metro or

Guide One have not made any agreement or promise to make any payment not herein mentioned, and
that this is a full and final release of all claims of every nature and kind whatsoever that Plaintiffs
may have against Whitlock, I-ouisville Metro or Guide One.

8.

The Plaintiffs hereby covenant and agree to hold harmless and indemnify Whitlock,

I-uisville Metro and Guide One, along with their employees, successors, subsidiaries,

and assigns,

from any and all claims, claims for relief, actions, causes of actions, demands, lawsuits, intervening

claims, third-party claims, cross-claims, and/or any other claim

of any kind or

description

whatsoever, whether arising out of contract, tort, subrogation, arbitration, or otherwise, in law or in
\Whitlock,
equity, which are, have been and/or may be made on behalf or in place against

luisville

Metro or Guide One for any damages, punitive damages, losses, injuries, death, fees,

costs,

attorney's fees, expenses and/or compensation of any nature whatsoevel, including but not limited to
any claims for subrogation, indemnity, reimbursement, medical liens, or other liens, arising out of or

in any manner pertaining to the facts asserted in and/or the subject matter of the aforestated legal

action. Such aforesaid agreement to hold harmless applies to any and all claims that Whitlock,

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L,ouisville Metro or Guide One were negligent and/or in any way at fault

in causing and/or

contributing to cause said damages, punitive damages, losses, injuries, death, fees, costs, attorney's
fees, expenses and/or compensation of any nature whatsoever.

g.

The Parties acknowledge, understand and agree that

if

Plaintiffs, their heirs,

executors, administrators, successors or assigns, is the Medicare and/or Medicaid and/or Passport
beneficiary, the Plaintiffs acknowledge that they have reported this claim to the Centers for Medicare
and Medicaid Services or other appropriate agency. They agree to reimburse Medicare and/or

Medicaid and/or Passport out of these settlement proceeds for any and all conditional payments that
Medicare and/or Medicaid and/or Passport has made in the past or that may be made in the future
related to the above described occurrence. They further agree to hold harmless and to indemnify
those herein released from any and all claims by Medicare and/or Medicaid and/or Passport and any

other claim based upon reimbursement rights created either legally or contractually.

10.

This is

full settlement and release of all claims with

each party to bear their own

respective costs and attorney fees.

11.

This Release and Settlement Agreement shall be construed under Kentucky law.

IZ.

Any modifications to this Release and Settlement Agreement shall be in writing

signed by all the Parties.

13.

This Release and Settlement Agreement shall not be considered as having

been

full opportunity to consult with

legal

drafted by any of the parties, the Parties have each had a

counsel and to advise them about the terms of this Release and Settlement Agreement.

74.

The Parties declare and represent that no promise, inducement, or agreement not set

forth herein has been made to them, that this Agreement contains the entire agreement between the

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Parties hereto, and that

it

has been

fully read and explained to them by counsel, and that by so

executing, they full understand its terms.

15.

Each party is responsible for their own legal, tax and administrative consequences

of

this Agreement.
Entered into

this L

day

of

qJrl

20t6

Tammie Ortiz

COMMON\ryEALTH OF KENTUCKY
COUNTY OF JEFFERSON

and sworn to before me by Tammie Ortiz on

LNE

th

i, L

day

of

2076

My commission expires:

Lz

NOTARY

L.

l'ottry

Ortiz

ID No.

Strte
Cofinthgilt

u9257

Fob. 6,

COMMONWEALTH OF KENTUCKY
COUNTY OF JEFFERSON

and sworn to before me by Pedro Ortiz

on this

day

of

2016.

My commission expires:

o/o/z:I
Y

Telr

-5-

t'otrryRbc,
Srtc t
*yCqiltti{dt

3r92!7

h, I,

HAVE SEEN AND AGREED TO

-lAa-,K.0AJ
Maury D. Kommor
Maury D. Kommor & Associates, PLLC
1205 South Third Street
luisville, KY 40203
Phone: (502) 719-7325
Counsel for Plaintiffs Tammie and Pedro Ortiz

Chris J
McBrayer, McGinnis, lslie & Kirkland, PLLC
9300 Shelbyville Rd., Suite 110
luisville, KY 40222
Phone: (502)327-5400
Counsel for David C. Whitlock

Peter F. Ervin

Assistant Jefferson County Attorney

Office of Mike O'Connell - Jefferson County Attorney
531 Court Place, Suite 900
luisville, KY 40202
Phone: (502) 514-6621
Counsel for Louisville[efferson County Metro Government

Jo

&

Shouse, LLP
220 West Main Street, Suite 1900

Louisville, KY 40202
Phone: (502)589-7616
Counsel

for Guide

One Mutual Insurance Company

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