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Home My WebLink AboutContract 48382 i �A Y SECRETARY �Z CONTRACT SIO. CAUSE NO. 2016-001557-3 RICKY PEARS, § IN THE COUNTY COURT § P aintiff, § V. § AT LAW No. 3 CITY 01 FORT WORTH § tendants. § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Ricky Spears (hereinafter sometimes referred to as "Plaintiff') in the above- entitled nd numbered cause, alleges that on or about June 9, 2015, he received personal injuries when a ity of Fort Worth employee in a City vehicle rear-ended Plaintiff's vehicle in Fort Worth, arrant County,Texas; and WHEREAS, Plaintiff further alleges that negligence of the City of Fort Worth (hereina ter sometimes referred to as "City"), along with the negligence of its employee proxima ely caused the above-described accident; and, HEREAS, as a result of such accident and injuries and damages allegedly suffered by Plaintiff suit has been filed against the City in the above-entitled and numbered cause, reference being made to the pleadings on file in said cause for a more full and complete description of Plaintiff s claims and cause of action; and, WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action any kind which he may have against the City, its agents, employees, workers and represer atives, and all others connected with or in privity with the City, arising out of or connect d in any way with the above described accident in consideration of payment by the City COMMMISE SETTLEMENT AGREENEENT AND RELEASE OF ALL CLAIMS Page l OFFICIAL RECORD CITY SECRETARY FTS WORTHo TX jointly t Plaintiff and his attorney, Richard A. Stuckey, 12700 Park Central Drive, Suite 1900, Dallas, X 75251, of the stun of Twenty Thousand Dollars ($20,000.00) in full and final settlemel t of all claims arising out of the alleged injuries of Plaintiff, Ricky Spears; and, WHEREAS, even though City denies any liability of any kind on account of the alleged incident nade the subject of Plaintiff's suit, City has agreed to the payment terms described above ir compromise and settlement of disputed claims and in order to avoid further time consumi g and costly litigation. IOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS: I That Ricky Spears, Plaintiff herein, for and in consideration of payment by the f City of Iort Worth,jointly to Plaintiff, Ricky Spears, and his attorney,Richard A. Stucky, of the sum of wenty Thousand Dollars ($20,000.00) in full and final settlement of all claims arising out of t e alleged injuries of Plaintiff, Ricky Spears, and the receipt and sufficiency of such conside tion being hereby acknowledged and confessed by Plaintiff for himself, his represen.atives, successors and assigns, Plaintiff does hereby unconditionally release, acquit and forever ischarge the City of Fort Worth, and its agents, employees, workers and representatives, and all 'hers connected with or in privity with the City of Fort Worth, of and from any and all claims o'every kind, character or nature which said Plaintiff might assert by reason of the above describe l incident together with all claims heretofore asserted in Cause No. 2016-001557-3, in County Court at Law No. 3, Tarrant County, Texas, including claims for physical pain and mental iguish, medical expenses (past and future), loss of earning capacity and any other kind, characte or nature of damage which could or might be the subject of a claim by him arising from the incident hereinabove described. COMPIK NIISE SE'I"I'LENIEN'r AGREE�IEN'I'e1NU RELEASE OF ALL CLAUNIS Page 2 2 That in consideration of the payment described above, Plaintiff agrees to indemnif i and forever hold harmless and defend the City of Fort Worth, and all agents, employei s, workers and representatives of the City of Fort Worth, and all others connected with or in pri ity with the said City of Fort Worth, its heirs, representatives, successors and assigns, from an and all claims or causes of action, including any costs or expenses in connection therewith; which may hereafter be brought by Plaintiff, or by anyone on his behalf, arising out of the abov described incident. 3 For the same consideration, Plaintiff declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by Plaintiff or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about June 9, 2015, made the basis of this litigation, have been or will be paid or compror iised by Plaintiff, and Plaintiff hereby agrees to defend, indemnify and hold harmless Defenda it, City of Fort Worth and any other person, corporation, association, partnership, or entity in privity with or connected with them, as well as any person, corporation, association, partners ip, or entity they are or may be required to defend, indemnify, or hold harmless from and agai st any claims for medical, hospital, and/or other claims and expenses of any and every nature, ilicluding but not limited to, claims which may hereafter be made under the authority of the Texas Hospital Lien Law or any other state or federal statute, rule, or regulation. PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF PLAINTIFF, RICKY SPEARS, HAVE BEEN PAID BY MEDICARE OR BY ANY OTHER GOVE MENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTA EN IN THIS REGARD AND MEDICARE OR SOME OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, COMP11(MISE SETTLLMENTAGREE,MENTAND RELEASE OFALLCLAINIS 1'age3 f 4 PLAINT F WILL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE OR OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY FOR REIMBL SEMENT AND WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY Of FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNL SHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SU H CLAIM. 4. That the release of claims contained herein is given with full knowledge of all parties to he referenced suit that there is a dispute on the part of City regarding whether or not it is liable I r any damages alleged in the above-entitled and numbered cause. It is also understood and agrei d that this settlement is in compromise of doubtful and disputed clairns and that the payment iade hereunder is not to be construed as admission of liability on the part of the City of Fort Wor i and, in fact, City denies liability for the above-described accident, if any, and intends, by this se tlement, merely to buy its peace. 5. That Plaintiff agrees to dismiss the cause of action in the above-entitled and numbere matter, with prejudice, and he hereby authorizes and directs his attorney, Richard A. Stucky, t approve an Agreed Order Of Dismissal, with prejudice, with respect to his claims and causes of iction in the above entitled and numbered case. And, in this connection, Plaintiff and his attor y agree to expeditiously provide any information the Court may require, and/or to attend an hearings the Court may require, in connection with the dismissal of said lawsuit. 6. That it is understood and agreed that all taxable court costs will be paid by the Party inCL •ring same. 7. That by his signature hereto, the undersigned, Richard A. Stucky, attorney for Plaintiff, nd his law firm, hereby release the City of Fort Worth,to the same extent Plaintiff has COMPRON1 ISE SETTLEb1ENr AGREEMENT AND RELEASE,OF ALL CLAIMS Page 4 i NW1 in tttt ciiis� Sri.�ali t.�,t�f ulioIi WIiiel7 said attoriin; or his r � �� t q tfs itt iEftt or 1 017,W)SC l isilIg;orit of the hviknt n�s dQ thr i i mi e e*'W`iwr rpt A ��a r rent nd itelerts,d Of A-I Ciainis ivayhe iir1! rr ?l tiitf R irlt passe if�,6f tfnd aul�iiotateci e5 tlrtt 11t s (c�n�iaionrisc . �� tfn itidctfxa, Ittrh hrs� tlornt y aid ttrt itis "ttl� trtrric�l �3tttritturi Jtroc, tt�i kI i af rr"escnE anct dec lttie iliite asrftit p hwooQy d rfAi§014`11�i~t MAI, tlt in enter artt�i this�c��i��r�n�i�� ot�l�rx�i nt t fPlfi titnli re � setitnin tielarfrlprls 19tft end tf" S7rCft~tCral 3n rntttte di3i tt rio i ]Ct34f1F3titjll or" ��s'CIS2 fYAf3 171 �1$ QQ W-1 '11b xf"a C E j f fl -665 sa K0 3-6 00 4 - �'��...,�'�� 9 � ,:�,,,�•� ^��'��'. ^�- tea'-�.,� � �" P � �.�.� -.�, '- � �� x i i I STATE F TEXAS § 1)0�ICLs COUNT OF- I ANT § FORE ME, the undersigned authol'ity, on this day personally appeared Ricky Spears, known tj me to be the person whose name is subscribed to the foregoing instrument, and acknowli dged to me that he executed the same as his free act and deed for purposes and C, consider tion therein expressed. [VEN UNDER MY HAND AND SEAL OF OFFICE this day of November, 2016. o°��"•"<� STEPHANIE PIQRES Notary P lic in and for th�of Texas Notary Public,State of Texas My Commission Expires March 23, 2019 COi41PROA ISE SETTLENTENT rl(.12EENTEN'I'AND RELEASIN.OI+ALL CI,AINIS Page 6 APPRO VED AS TO FORM AND SUBSTANCE: Date: Richard . Stucky Attorney at Law 12700 P k Central Drive Suite 19 0) Dallas, 1 75251 Richard stuckylaw.com ATTORI EY FOR PLAINTIFF APPRO ED: Date: Assistant City Manager CITY Of FORT WORTH APPRON ED AS TO FORM: Date: Stephe .Cumbie nt :1ty Attorney F OR oa000000 ATTEST a g as �� u a % 90000 ° Date: M ry s ity ecretary CONIPRON SE SETTLEMENTAGREEMENT AND RELEASE Or ALL CLAINIS Page 7 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX