Amantiad v. Odum5/20/1999
996 settlement conference, Amantiad was represented by his "tort action" attorney, Melvin Agena; however, Stephen Hioki, his workers' compensation attorney, was not present. The following exchange occurred at the May 2, 1996 hearing:
THE COURT: "The purpose of this conference is to put a settlement on the record. Who will state the terms of the settlement?" MR. SAKAI: "As the defendant in this case, I have agreed and believe the other parties have also agreed that my client will fund a settlement payable to Mr. Agena and his client in the amount of $25,000, and in addition pay an additional sum of $13,000 Mr. Epstein's's client by separate draft, and a workman's compensation 386-8 which have a separate indemnification paragraph to be signed by Mr. Amantiad, which will indemnify Mr. Odum for any and all claims brought by Mr. Amantiad, and separate paragraph by Mr. Epstein's's client to sign, which will indemnify any claims brought by or through OTS against my client, Mr. Odum, and that will be the end of this case on this global settlement." THE COURT: "Mr. Epstein?" MR. EPSTEIN: "As to OTS and Michael Amantiad, it is agreed that in return for full releases of all claims OTS has to workers['] compensation benefits, the amounts of monies Mr. Amantiad receives will be -- he agrees that he will wash or waive his right to any future workman's compensation benefits, be it medical or indemnity for any claims as relates to the February 3, 1993 work-related accident, and that will be by separate document submitted to the Department of Labor." THE COURT: "Mr. Agena, on behalf of plaintiff?" MR. AGENA: "Mr. Epstein's last representation is in return for the consent to settle this case by the workman's compensation carrier. "One last thing on the indemnification agreement, it's properly stated by Mr. Sakai, but we will not indemnify Mr. Epstein's's worker's compensation." MR. SAKAI: "You are making a complete wash of Mr. Amantiad's claim, including reopening. So, in other words, he can never reopen this particular workers['] compensation claim." MR. EPSTEIN: "Foreclosed from any workers['] compensation claims as relates to the February 3, 1993 work-related accident." THE COURT: "Mr. Agena?" MR. AGENA: "That is correct." MR. SAKAI: "That he cannot reopen any of the credit he's -- that you are owed under 386-8 is also waived." MR. AGENA: "That is correct." MR. EPSTEIN: "I guess waived or irrelevant actually." THE COURT: "Anything else we need to put on the record?" MR. SAKAI: "I will not be a signator on the worker's compensation Department of Labor's separate release." MR. EPSTEIN: "That is correct." THE COURT: "Thank you very much, counsel." (Emphases and brackets added.)
On May 24, 1996, Amantiad executed a "Release and Settlement Agreement" (hereinafter referred to as the "May 24, 1996 Agreement"), which provided:
"KNOW ALL MEN BY THESE PRESENTS "That the undersigned MICHAEL S. AMANTIAD, for and in consideration of the sum of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) to him paid by CHRISTOPHER ODUM, ALAMO RENT-A-CAR, INC. and THE CONTINENTAL INSURANCE COMPANY (hereinafter referred to as the "Releasees") and receipt of which is hereby acknowledged, has released, acquitted and discharged, and by these presents does for himself, his heirs, executors, administrators, and assigns, release, acquit and forever discharges the said Releasees, their respective heirs, executors, administrators, successors, and assigns, from and on account of any and all claims, liens, controversies, actions, causes of action, liability and liabilities, demands or damages of whatsoever name or nature, whether at law or in equity, in any manner arisen, including any and all claims or liens by other pa
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