HomeMy WebLinkAboutContract 48075 2016 CITY SECRETAMf (,�rQ�-j�
CONTRACT 11#0. ! OO��// 11
CAUSE NO.067-280451-15
BRITTANY ROSEBERRY;AND § IN THE DISTRICT COURT
ROBERT ROSEBERRY §
Plaintiffs §
§ 67TH JUDICIAL DISTRICT
V. §
CITY OF FORT WORTH, §
Defendant § TARRANT COUNTY,TEXAS
PARENTS/GUARDIAN RELEASE AND INDEMNITY AGREEMENT
Definitions
1. "Accident" shall mean the motor vehicle collision that occurred on or about the 24th day
of January,2014,at or near the intersection of the 2700 block of East Vickery Boulevard and the
800 block of Nashville Avenue.
2. "Children" shall mean Bri'Mya Davis, Faith Davis, and Camille Roseberry, individually
and collectively.
3. "We" and "us" and "our" shall mean Brittany Roseberry and Robert Roseberry,
Plaintiffs.
Release and Indemnity Agreement
For and in-consideration of the payment to Brittany and Robert Roseberry, and Eberstein
& Witherite in the sum of Nine Hundred Forty Five Dollars ($945.00) for injuries to Bri'Mya
Davis, Eight Hundred Seventy Five Dollars ($875.00) for injuries to Faith Davis, and Nine
Hundred Seventy Five Dollars ($975.00) for injuries to Camille Roseberry, we the undersigned,
father, mother, and/or guardian of minor or minors, do forever release, acquit, discharge and
covenant to hold harmless and indemnify the City of Fort Worth, its employees, attorneys, and
council members, in their official and individual capacities, including their successors and
assigns, of and from any and all actions, causes of action, claims,demands, damages, costs, loss
Brittany Roseberry and Robert Roseberry vs.City of Fort Worth:
Parents/Guardians' Release and Indemnity Agreement 1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
of services,expenses and compensation, on account of or in any way growing out of, any and all
known and unknown personal injuries which we may now or hereafter have as the parents and/or
guardian of said minors,and also all claims or rights of action for damages which the said minors
have or may hereafter have,either before or after they have reached their majority from a certain
accident which occurred on or about the 24`h day of January, 2014, at or near the intersection of
the 2700 block of East Vickery Boulevard and the 800 block of Nashville Avenue.
In further consideration of the receipt of funds as above described, we also agree to
indemnify and hold harmless the City of Fort Worth from and against any and all claims,
including statutory and contractual liens, including medicare liens, and any other causes of
action, claims for monetary damages, including attorney's fees,or for contribution or indemnity,
and the reasonable and necessary costs, including attorney's fees, incurred in defense of any such
claim or claims that may at any time be made or brought against the City of Fort Worth by
anyone claiming by, through, or under us or our children, for the purpose of enforcing a further
claim on account of any injury or loss sustained in or arising from said accident for injuries to
our children.
It is furter understood and agreed that this setlement is the compromise of a disputed
claim, and that this payment is not said to be construed as an admission of liability on the part of
the City of Fort Worth by whom liability is expressly denied.
We acknowledge that as the parents of the minor children we have observed their full
recovery, and acknowledge that the City is relying on that representation in the making of the
aforementioned settlement payments in exchange for parental indemnity. We futher state that we
have carefully read the foregoing release and know the contents thereof,and we sign the same as
our own free act without duress.
Brittany Roseberry and Robert Roseberry vs.City of Fort Worth:
Parents/Guardians' Release and Indemnity Agreement 2
SIGNATURE OF PARENT/GUARDIAN(S):
Brittany Rose
ert R eberry
NOTARY: State of Texas;County of "rQJYbn+
On this 2321 day of November, 2015, before me appeared Brittany Roseberryy
and Robert Roseberry, who are known to be the persons named herein and who voluntarily
exec ted this release.
Notary Ti gnature Date eominission Expires
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APPROVED TO F M N TENT EE, CAROL&CARTER MY COMMISSION EXPIRES
July 27,2016
on C. o ' e
Ebers in& Witherite
50 .4u'Street, Suite 200
Fort Worth,TX 76102
jnohinek ,ewlawyers.com
Attorney for Plaintiffs
BRANDON W. CARR
Assistant City Attorney
State Bar No. 24074004
Brittany Roseberry and Robert Roseberry vs.City of Fort Worth:
Parents/Guardians' Release and Indemnity Agreement 3
Brandon.carr@fortworthlexas.gov
STEPHEN A.CUMBIE
Assistant City Attorney
State Bar No.24056724
Rephen.cumbie(c-)fortworthtexas.gov
City of Fort Worth
1000 Throckmorton
Fort Worth,TX 76102-6311
Tel: 817-392-7600
Fax: 817-392-8359
Attorneys for Defendant
By: � kAj:�O-�
alerie Washington
Assistant City Manager,City of Fort Worth
Attested by: � �Fp FO
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Brittany Roseberry and Robert Roseberry vs.City of Fort Worth:
Parents/Guardians' Release and Indemnity Agreement 4