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to the undersigned,
payable
Trust
Account, does hereby and for her heirs, executors. administrators, successors and assigns.
release, acquit and forever discharge SAN FRANCISCO
POLICE
and
corporations. associations
or
partnerships related to
successclrs and
of action,
of
violations,
which the undersigned now has or which may hereafter accrue on accottnt of or in any
way growing out of any and all known and unknown, foreseen and unforeseen bodily and
personal injuries and property damage and the consequences thereof resulting or to resnlt
from the incident, casualty or event which occurred on or about March 17, 2014, a! or
near Santa Rita Jail. Dublin, CA.
County
of
Alameda, State
of California. more
particularly described in that certain Coniplaint numbered C14-03156 LB, filed in the
United States District Cour1, Northern District of California.
and disputed claim, and that the payrnent made is not to be construed as an admission
liability on the part of the party or parties hereby released, and that said Releasees deny
liability therefor, and intends merely to avoid litigation and buy their peace.
1542
of the Civil
Code of California and any similar law of any state or territory of the United States are
hereby expressly
and
indefinite. In making this Release. it is understood and agreed that the undersigned relies
wholly upon the undersigned's judgment, belief and knowledge of the nature, extent.
effect and duration of said injuries and liability therefor and that this Release is made
without reliance upon any statement or representation of the party or parties hereby
released or their representatives or by any physician or surgeon by them employed.
The unCersigned has been fully advised by her counsel as to these presents, and
each provision hereof, and hereby authorizes and directs her counsel to dismiss,
with
prejudice, her Complaint in action Cl4-03156 LB, filed in the United States District
Court, Northern District of California described above.
The undersigned warrants that there are liens, claims or causes of action against
the settlement proceeds paid hereunder. Should any such liens or causes of action exist.
including but not limited to, Eden Medical Center, Paramedics Plus, Mat Kiisk, DDS.,
Bay Imaging, Concord Dental Arts, Flollander Dental, Kaiser Permanente, Smile Care.
Van Ness Oral Surgery and Aetna Insurance Company, the undersigned agrees to pay
them or make some other disposition of them which wili not prejudice the rights of the
parties being released hereunder. The undersigned also warrants that she
will or has
paid in full any and all medical providers, including but not limited to, Eden Medical
Center, Paramedics Plus, Mat Kiisk, DDS., Bay Imaging, Concord Dental Arts,
Hollander Dental, Kaiser Permanente, Smile Care. Van Ness Oral Surgery and Aetna
Insurance Company, arising out of the subject accident described herein. Accordingly,
the undersigneci hereby agrees to indernnify and hold harmless the SAN Fzu\NCISCO
BAY AREA RAPID TRANSIT DISTRICT. SAN I]RANCISCO BAY AREA RAPID
TRANSIT POLICE DEPARI'MENT and NOI-AN PIANTA from any such liens, claims
or causes of action from any person and further agrees to defend the SAN FRANCISCO
BAY AREA RAPID TRANSIT DISTRICT, SAN FRANCISCO BAY AREA RAPID
TRANSIT POLICE DEPARTMENT and NOLAN PIANTA from any such claims
whether groundless or not.
of injuries allegedly sustained in the litigation described herein and that she
willbe solely responsible to satisfy the Medi-care and/or Medicaid lien (if
any).
contains the entire agreement between the parlies hereto, and that the terms
of
this
If
brought to enforce or interpret the provisions of this Settlement and Release Agreement.
the prevailing party shall be entitled to recover reasonable attorney's fees in addition to
any other relief to rvhich the party may be entitled. including costs.
The undersigned has read the fbregoing Release and fully understands it.
Pursuant
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I, John Scott, attorney for MEGAN SFIEEHAN, represent and declare that I havc
fully explained the Release to MECAN SHEEHAN and that she has acknowledged to me
Otat she understood said Release and the legal effect thereof on her, and
DArED:
llCq. J
.zot6
John Scott, Esq.
have advised