ABOUT THIS FORM
This is a sample “Swigert Release” for a Maryland tort case. This is a very specific type of release agreement that seeks to adhere the decision by the Maryland Court of Appeals in Swigert v. Welk, 213 Md. 613 (1957) regarding contributions between joint tortfeasors.
THIS AGREEMENT is made and entered into on the date written below by and between SANDY CANATELLA, surviving spouse of STEVE JACKSON CANATELLA, for herself, her heirs, executors, administrators, successors, assigns, nominees, and next of kin and CHARLES NELSON CANATELLA, as Personal Representative of the Estate of STEVE JACKSON CANATELLA, deceased, for said decedents estate, his descendants, heirs, next of kin, legatees and devisees (hereinafter collectively referred to as AReleasor’) and KEVIN MCGRUTER AND ASSOCIATES, and any and all of its subsidiaries, parent corporations, predecessors, affiliates, distributors/users (but only with respect to their distribution and/or use of Releasor’s products), successors, insurers, assigns and its past, present and future officers, directors, shareholders, employees and agents (hereinafter referred to as “Releasee”),
WHEREAS, there is now pending in the Circuit Court for Baltimore City, Maryland in which Releasor claims, inter alia that STEVE JACKSON CANATELLA was exposed to lead based paint and suffered a brain injury.
WHEREAS Releasee specifically denies and disputes that it is liable as alleged in the Complaint or in any matter whatsoever; and
WHEREAS, to avoid the burden and expense of litigation, Releasor and Releasee have reached a full and complete compromise and settlement of all matters and claims between them arising from the facts alleged in the action referred to above;
NOW, THEREFORE, in consideration of the payment of seven hundred and fifty thousand dollars ($750,000.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged there being no consideration, promise or contract other than herein specified, the Releasor agrees:
1. To dismiss the above-described action as to Releasee only, with prejudice each party to bear its own costs. Releasor hereby agrees and covenants to release, acquit, and forever discharge Releasee of and from all claims, demands, damages actions, causes of action of whatsoever kind or nature whether known or unknown, anticipated or unanticipated, past, present or future, arising out of or in any way connected with the use and/or exposure by STEVE JACKSON Canatella to any lead paint or non-lead paint-containing product manufactured, produced, used created, distributed, sold, furnished or otherwise supplied by Releasee, including claims, if any, for wrongful death. The parties to this Release further understand and agree that nothing in this Release is intended to settle, waive or relinquish any claim that Thelma Elizabeth Canatella may have individually against Releasee, or any other entity, for a lead paint-related injury or disease which results from her own exposure to lead paint-fibers and/or products manufactured, sold or distributed by Releasee.
2. This Agreement extends and applies to all unknown, unforeseen unanticipated, and unsuspected injuries, damages, losses and liability, and the consequences thereof, as well as those now disclosed and known to exist, including claims for wrongful death. The provisions of any state, federal, local or territorial law or statute providing in substance that Releases and/or Covenants Not to Sue shall not extend to claims, demands, injuries or damages which are unknown or unsuspected to exist at the time, are expressly waived by Releasor.
3. Each of the parties shall pay their attorneys’ fees and expenses without seeking from the other party any reimbursement or compensation therefor.
4. This Agreement is executed upon the express condition that it shall not, and does not, operate to release or discharge any claims, demands or causes of action which Releasor has or may have against any and all other individuals, corporations, or entities other than this Releasee, as defined in the preamble hereof. Releasor hereby expressly reserves the right to sue any other persons, corporations or other entities against whom Releasor may have or assert any claim on account of damages arising out of exposure to lead paint-containing products. Releasor expressly acknowledges, covenants, represents and warrants that this Agreement shall serve to reduce any recovery which may be had against all other alleged tortfeasors or other person or entity arising out of Releasor’s exposure to lead paint-containing products to the extent of the pro rata share recoverable by law from Releasee or by the amount paid for this Agreement, whichever results in the greater reduction to the non-settling parties, in accordance with the provisions of the Uniform Contribution Among Joint Tortfeasors Act, Md. Cts. & Jud. Proc. Code Ann., section 3-1401 et seq, as it is from time to time amended and interpreted. The said reduction effected hereby shall not be construed to affect the recovery by Releasors from any other alleged co-tortfeasor in any suit, cause of action or claim in which Releasee shall not have been adjudged jointly liable to Releasors with any other alleged co-tortfeasor.
5. Releasor further acknowledges, covenants, represents and warrants that Releasee will hold Releasee harmless from all liability arising from subrogation claims under any compensation or medical payment due or claimed to be due under federal or state law, regulation or contract. It is Releasor’s intention to limit Releasee’s liability completely to the consideration recited in this Release, and to relieve Releasee from any liability to make contribution to any other alleged co-tortfeasor in the event that any such other alleged co-tortfeasor is held liable to Releasors.
6. Releasor further represents and warrants the following: (a) Releasor is now of full legal age; (b) Releasor has read this Agreement, has been advised by Releasor’s counsel as to its meaning and expressly warrants that Releasor understands its terms and effects; (c) Releasor warrants that all agreements between the parties are incorporated into this document; (d) Releasor has not assigned, transferred or granted a lien against any part of their claim, and Releasor is now the sole owner thereof;
(e) Releasor relies solely on Releasor’s own knowledge and judgment of the nature, extent and duration of the injuries and damages sustained by the decedent and no statements or representations made by Releasee or its agents have influenced or induced Releasor to execute this Agreement; (f) Releasor warrants that he is the duly authorized Personal Representative of the Estate of the aforementioned decedent.
IN WITNESS WHEREOF, we have executed this Release on the ____ day of ____________________ 2020.