Fill and Sign the Mary Sue Engle Irvin Plaintiff Appellant Cross Appellee V Form

IN THE CIRCUIT COURT OF _______________ COUNTY, ALABAMA ____________________, * * Plaintiff,* * v. * CASE NO. ________________ * ____________________, * * Defendant.* PRO TANTO SETTLEMENT AND RELEASE AGREEMENT This Pro Tanto Settlement Agreement is made and entered into this ______ day of ____________ ________, by and between the plaintiff, ____________________, and defendant,____________________, one of the defendants in the above-styled lawsuit.WHEREAS, on or about ____________________, plaintiff, ____________________ filed a complaint in the Circuit Court of ______________ County, Alabama, and named ____________________ as defendant in said action; WHEREAS, the plaintiff claims damages for the following causes of action: ______________________________________________________________________________ ____________________________________________________________________________WHEREAS, defendant ____________________ completely and fully denies any liability whatsoever arising from any and all of the allegations contained in the plaintiff’s complaint; andWHEREAS, it appears that a bonafide dispute exists between the parties, upon which a trial will likely occur, and that the parties to this agreement desire to settle any and all claims and causes of action of any kind whatsoever, either known or unknown, anticipated or unanticipated, which have been or could have been asserted in this action, arising out of the incident and dealings set forth in the complaint; and WHEREAS it is the intention of the plaintiff, __________________________, and the defendant, ____________________ that no other claim of the plaintiff shall be affected or released by this settlement agreement; and WHEREAS, although the plaintiff’s claims against defendant ____________________ (as well as claims against his/her/its agents, servants, employees, officers and directors) are to be resolved, the total claim of the plaintiff remains unsatisfied by this settlement; andWHEREAS the above parties wish to avoid the expense of continued protracted litigation; and WHEREAS, plaintiff, ____________________, having consulted with and being fully advised by his/her attorney, ____________________ , with respect to his/her various actual and potential claims against ____________________, as well as his/her/its agents, servants, employees, officers and directors, and this agreement having been approved by said attorney, the plaintiff enters into this agreement knowingly and voluntarily and acknowledges that all terms thereof, are fair, reasonable and acceptable to him/her.NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the efficiency of which is hereby acknowledged, the parties hereto represent, warrant and agree as follows: 1. It is the intent of the parties, by execution of this settlement and release agreement to resolve fully, finally, and forever, the pending action and all claims of any nature whatsoever associated therewith against the named defendant, ____________________, as well as any claims against any agents, servants, employees, officers, or directors of the named defendant. It is the intention of the plaintiff, ____________________, and the defendant named above that no other claim of the plaintiff shall be affected or released by this settlement agreement. Although the plaintiff’s claims against defendant, ____________________ (and any potential claims against agents, servants, employees, officers, and directors thereof) are to be resolved, the total claim of the plaintiff remains unsatisfied by this settlement.2.Pursuant to this agreement, ____________________, shall pay to the plaintiff, ____________________________ and his/her attorney, ____________________, the total sum of $_________________ in settlement proceeds, to be paid contemporaneously with the execution of this agreement. This amount represents full and final settlement of all of the plaintiff’s claims against ____________________ and any agents, servants, employees, officers, or directors, as well as any other person or any other entity charged or chargeable with vicarious liability for the actions of said defendant. However, as set forth above, the total claims of the plaintiff as a result of this matter are not satisfied as to other defendants.3.For and in consideration of said payment as set forth above, under the terms stated herein, the receipt, sufficiency, and acceptance of which payment is hereby acknowledged, plaintiff, ____________________ does hereby now and forever, fully and finally, release and discharge defendant ____________________ , and his/her/its agents, servants, employees, officers, and directors, and any other persons, firm, partnership, corporation, or other entity charged or chargeable with their responsibility or liability arising out of the acts, omissions, or occurrences herein referred to, from any and all manner of claims, damages, injuries, demands, actions, liabilities, responsibilities, causes of action, covenants, suits, claims for costs, claims for litigation expenses, and claims for attorney’s fees, which the plaintiff, ____________________ now has, or which may accrue hereinafter, arising out of the contract and other dealings referred to in the complaint which was filed in this case, which were asserted or might have been asserted in Case No._________________ filed in the Circuit Court for __________ County, Alabama.4.Plaintiff ____________________ does further declare and represent that he/she has not heretofore assign to any personal party not names herein any portion of claim that he/she may have on account of the incident made the basis of this suit, and that in agreeing to the settlement contained in this agreement, he/she has taken into consideration all of the injuries and damages sustained by him/her, and also the possibility that consequences not now anticipated may result, and that he/she is acting upon his/her own judgment, belief, and knowledge of the nature and extent of his/her alleged injuries and damages, and the losses, expenses, and damages claimed by him/her.5.Except as provided hereinabove, each party shall bear their costs of discovery, attorneys fees, and all other litigation expense, and any other expenses incident to any aspect to this action.6.The plaintiff, ____________________, warrants that the execution of this agreement is made without reliance upon any representation of any kind or character not expressly set forth herein, and that this agreement contains the entire agreement of the parties hereto, and that the terms of this agreement are contractual and not mere recitals. 7.Plaintiff, __________________________________ further agrees to dismiss with prejudice,____________________, and all fictitious defendants who would be identified as being as agent, servant, employee, officer, or director of ____________________.8.It is the intention of the plaintiff that no other claim of the plaintiff shall be affected by this Pro Tanto Settlement and dismissal. IN WITNESS WHEREOF, the undersigned has hereunto set his/her hand and seal on the date set forth below. Plaintiff Date: _______________________ _______________________________STATE OF ALABAMACOUNTY OF ____________________ I, the undersigned authority, a Notary Public in and for said County, in said State, do hereby certify that ____________________ whose name is signed to the foregoing Pro Tanto Settlement and Release Agreement and who is known to me, acknowledged before me on this day, that, being informed of the contents of the Pro Tanto Settlement and Release Agreement, he/she executed the same voluntarily on the day the same bears date. Given under my hand and official seal, this day of ____________, ________. __________________________________Notary Public