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16, 2015, between Ricik Jones (the victims mother) and the Metro City Council, who
BACKGROUND
connection with AIDS. He had AIDS for several months, but his health worsened
after he drank water containing Pindia, a parasite found in the Metro City tap
water. The numbers of this parasite had increased due to the poor condition of the
2. The Metro City Council became aware of Pindia in October of 1993, while testing
for difficult to detect protozoa and bacteria in the citys water system. The city
$200,000, for this testing as part of national survey of the quality of drinking
water. After discovering the presence of Pindia, Metro City began testing the citys
water system twice a year. The population of the Pindia rose as the Metro City
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water pipes steadily deteriorated. In order to solve the problem, the city takes the
following measures:
a. The City Council sent notice to residents and published the warning in a
locally-read newspaper. And there were several posters about this in the
House of Friends, a witness could testify that people in the clinic were
b. The city used the emergency funds issued by the FWSA (Federal Water Safety
Advisory) to replace the most deteriorated section of the water system pipes.
As a result, by August 1996, the level of Pindia had leveled off at 400 per
gallon, which is a level safe for general public consumption. However, the city
did not have the 100 million dollars necessary to replace the entire water pipe
system.
c. On september1, 1996, the city began to flush the water system with chlorine, a
chemical that kills Pindia. On September 15, the levels of Pindia had dropped
to 278 Pindia per gallon, a level below the threshold level of minimal health
risk.
d. The City Council has monitored the water system for any increase in the
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parasite numbers on a regular basis, every six months, which was reviewed
3. Sam took the therapy in the House of Friends, an AIDS clinic located in Metro
City at Thirteen McLean Avenue. He did not get any financial support from his
rich parents and rarely contacted with them and his friends. There is a possibility
4. The doctor could prove that Sams death is directly caused by the parasites in the
tap water of Metro City. And Sam could have lived longer even with AIDS
infection.
1. Pindia is a kind of water parasite that could causes upset stomachs, nausea and
diarrhea. Especially, its fatal to peoples health when he or she has vulnerable
2. The notice and news could be found in the August 1-7,1996 issue of Metro City
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Times, Community Notices section.
3. The scientific data are derived from the Metro City water quality advisory, August
1,1996 and Graph of Pindia population in Metro City water system, submitted by
1. All the following agreements are based on the facts that we both parties accept.
The parties reserve the right to dispute any other legal or factual conclusions
based on these items and to make objections to these items based on other
evidentiary issues.
2. The Metro City agrees to pay all victims doctor and hospital bills, funeral costs
and compensation for pain and suffering for Sam. Considering the victim self-
condition with AIDS and his relevant longevity, the efforts by the Council to
manage the water and the relationship between the victim and his parents, we
agree to cut off half of the rest damages the plaintiff asks for. And we agree on a
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total of $1,580,000 for damages and here is the calculation:
a. Loss of Consortium. Both parties agree that Ricik Jones has a life expectation
for 10 years according to the scientific study. Therefore, the metro city is
supposed to pay $ 20,000 a year for 10 years, which means $ 200,000 for loss
of consortium.
b. Hospital Bills. Both parties agree on $ 15,000 doctor and hospital bills for
d. Damage for Pain and Suffering of Parents. Both parties agree on $ 500,000
e. Damage for Pain and Suffering of Sam. Both parties agree on $ 60,000 for
f. Punitive Damage. Both parties agree on $ 500,000 for punitive damages for
Sams death.
g. Lost Wages. Both parties agree on $ 30,000 a year for 10 years, which means
3. Mutual Non-admission. Both parties agree that nothing in this Agreement shall
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be construed as an admission by either of them of any wrongdoing or violation of
4. Non-disparagement. Metro City agrees that she will not make any disparaging
GENERAL PROVISIONS
1. Choice of Law. This settlement agreement shall be governed and construed under
2. Choice of Forum. The parties agreed to the exclusive jurisdiction of the courts
located in the state of New Goverland with respects to all claims and disputes
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agreement shall not be affected.
parties.
6. No-admission of Liability. The parties understand and agree that this settlement
agreement is entered to resolve the disputes between the parties and can not be
7. Notice. All notices required under the terms of this Agreement shall be made in
The parties agree to the terms of this Agreement, on the first date referenced above.