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HomeMy WebLinkAboutContract 49190 CITY SECRETAR!_q6jl� CONTRACT N0. 0 % CAUSE NO. 048-280084-15 ( Candace Campbell, Individually and as Next § IN THE DISTRICT COURT Friend of Natalie Wynne, and as § Personal Representative of the Estate of § Danielle E. Wynne, Deceased, § Plaintiffs § V. § 48"JUDICIAL DISTRICT Sharon J. Berry, Grace N. Obiaju, and § City of Fort Worth, Texas § Defendants. § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Candace Campbell, Individually and as Next Friend of Natalie Wynne, and as Personal Representative of the Estate of Danielle E. Wynne, Deceased (hereinafter sometimes referred to as "Plaintiff'), Plaintiff in the above-entitled and numbered cause, alleges that on or about August 4, 2013, her daughter, Danielle E. Wynne, while walking north along Interstate 35- W, was killed when she was struck by multiple vehicles, including a vehicle owned by the City of Fort Worth (sometimes referred to herein as "City" or "the City") and operated by an employee of the City; and WHEREAS, Plaintiff further alleges that negligence of the City of Fort Worth along with the negligence of its employee proximately caused the above-described accident; and, WHEREAS, as a result of such accident and the injury and death of Danielle E. Wynne, Plaintiff, in her individual and representative capacities, filed suit against the City in the above- entl numbered cause, reference being made to the pleadings on file in said cause for a A. ;,,;�uII omplete description of Plaintiff's claims and cause of action; and, e` �6 � lot G�yoF�s c��P OFFICIAL RECORD CITY SECRETARY �b, CO I E SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIM . WORTHS. Page 1 WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action of any kind which she, in her individual and representative capacities, may have against the City, its agents, employees, workers and representatives, and all others connected with or in privity with the City, arising out of or connected in any way with the above described accident in consideration of payment by the City jointly to Plaintiff and her attorney, Jeffrey R. Allen, of the sum of Ten Thousand Dollars ($10,000.00) in full and final settlement of all claims arising out of the alleged injuries and death of Danielle E. Wynne and Plaintiff acknowledges that it is the intention of this agreement to compromise all claims against the City under the Survival Statute, the Wrongful Death Statute and any other theory, whatsoever; and, WHEREAS, even though City denies any liability of any kind on account of the alleged incident made the subject of Plaintiff's suit, City has agreed to the payment terms described above in compromise and settlement of disputed claims and in order to avoid further time consuming and costly litigation. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 1. That Candace Campbell, Individually and as Next Friend of Natalie Wynne and as Personal Representative of the Estate of Danielle E. Wynne, Deceased, Plaintiff herein, for and in consideration of payment by the City of Fort Worth, jointly to Plaintiff, Candace Campbell, in her individual and representative capacities, and her attorney, Jeffrey R. Allen, of the sum of Ten Thousand Dollars ($10,000.00) in full and final settlement of all claims arising out of the alleged injuries and death of Danielle E. Wynne and the receipt and sufficiency of such consideration being hereby acknowledged and confessed, Plaintiff, in her individual and representative capacities, does hereby unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, employees, workers and representatives, and all others COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2 connected with or in privity with the City of Fort Worth, of and from any and all claims of every kind, character or nature which said Plaintiff, in her individual and representative capacities, might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 048-280084-15, in the 48u, Judicial District Court, Tarrant County, Texas, including claims under the Survival Statute or Wrongful Death Statute and any other kind, character or nature of damage which could or might be the subject of a claim by her arising from the incident hereinabove described. 2. That in consideration of the payment described above, Plaintiff, in her individual and representative capacities agrees to indemnify and forever hold harmless and defend the City of Fort Worth, and all agents, employees, workers and representatives of the City of Fort Worth, and all others connected with or in privity with the said City of Fort Worth, its heirs, representatives, successors and assigns, from any 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 her behalf, arising out of the above described incident. Plaintiff further represents that she is the only person entitled to act as the personal representative of the estate of Danielle E. Wynne, Deceased, or as the next friend of Natalie Wynne. In short, Plaintiff represents that she is the only person authorized to pursue any claim or cause of action arising from the death of Danielle E. Wynne and she agrees to defend, indemnify and hold harmless the City of Fort Worth against any claim hereafter asserted by anyone as a result of such death. 3. For the same consideration, Plaintiff, in her individual and representative capacities, declares and warrants that all medical, hospital, burial and/or other expenses of any and every nature and character whatsoever incurred by Danielle E. Wynne, Daniel E. Wynne's heirs and estate, or anyone else or in any way pertaining to or arising out of the injury that COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 allegedly occurred on or about August 4, 2013, made the basis of this litigation, have been or will be paid or compromised by Plaintiff, and Plaintiff hereby agrees to defend, indemnify and hold harmless Defendant, City of Fort Worth and any other person, corporation, association, partnership, or entity in privity with or connected with them from and against any claims for medical, hospital, burial and/or other claims and expenses of any and every nature, including 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 OR BURIAL BILLS OF DANIELLE E. WYNNE, HAVE BEEN PAID BY MEDICARE OR BY ANY OTHER GOVERNMENTAL OR QUASI- GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND MEDICARE OR SOME OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF WILL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE OR OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY FOR REIMBURSEMENT AND WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. 4. That the release of claims contained herein is given with full knowledge of all parties to the referenced suit that there is a dispute on the part of City regarding whether or not it is liable for any damages alleged in the above-entitled and numbered cause. It is also understood and agreed that this settlement is in compromise of doubtful and disputed claims and that the payment made hereunder is not to be construed as admission of liability on the part of the City of COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4 Fort Worth and, in fact, City denies liability for the above-described accident, if any, and intends, by this settlement, merely to buy its peace. 5. That Plaintiff, in her individual and representative capacities, agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and she hereby authorizes and directs her attorney, Jeffrey R. Allen, to approve an Agreed Order Of Dismissal, with prejudice, with respect to her claims and causes of action in the above entitled and numbered case. And, in this connection, Plaintiff and her attorney agree to expeditiously provide any information the Court may require, and/or to attend any 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 incurring same. 7. That by his signature hereto, the undersigned, Jeffrey R. Allen, attorney for Plaintiff, and his law firm, hereby release the City of Fort Worth, to the same extent Plaintiff has released the City of Fort Worth, from any cause or causes of action which said attorney or his law firm may have by virtue of assignment or otherwise arising out of the alleged incident made the basis of the above-entitled and numbered suit. 8. That this Compromise Settlement Agreement And Release Of All Claims may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9. That Plaintiff Candace Campbell represents and acknowledges that this Compromise Settlement Agreement And Release of All Claims has been read in its entirety before signing and that it has been fully explained, in detail, to her by her attorney and that it is fully understood. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 10. That, by her signature hereto, Candace Campbell represents and declares that she is more than eighteen (18) years of age and is fully competent to enter into this Compromise Settlement Agreement And Release Of All Claims, that her representations, declarations and agreements herein are accurate, binding, and are contractual in nature and that no representation or agreement not herein expressed has been made to her as inducement to enter into this Compromise Settlement Agreement And Release Of All Claims. 11. That, whether specifically stated or not, any reference herein to "Plaintiff' or "Candace Campbell" refers to Plaintiff, Candace Campbell, Individually and as Next Friend of Natalie Wynne and as Personal representative of the Estate of Danielle E. Wynne, Deceased. This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below the respective sign tures. Candace ampbell, Plafs tiff, Candace Campbell, Individually andNext Friend of Natalie Wynne, and as Personal Representative of the Estate of Danielle E. Wynne, Deceased Date: /P� l *;Z "Z-0 /�Z- COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 6 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Candace Campbell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1�7 y of May, 2017. JEFFREY R. ALIEN S Notary Public,state of Texas un and for the State of Texas Comm,Expires 12-05-2018 Notary 10 130044281 1f111N' COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 7 APPROVED AND AGREED TO: Date: / ` Z ! 7— Al n The JRA Firm Suite 160 950 E. State Highway 114 P. O. Box 92002 Southlake, TX 76092 jeff@jrafirm.com APPROVED: UativL"---� Date: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: _ Date: Harvey L. Frye, Jr. Assistant City Attorney ATTEST: OF.FORr� Date: �l/ Mary J. Kay ity ec ary ..... OFFICIAL RECOR® CITY SECRETARY FT.WORTH,TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 8 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 4� Name of Employee Title COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 9