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HomeMy WebLinkAboutContract 49478 CITY SECRETARY' .�p CAUSE NO. 236-284521-16 CONTRACT N0. AA BRANDI HOYLE,INDIVIDUALLY § IN THE DISTRICT COURT _ AND AS NEXT FRIEND OF DAVID § HOYLE, and DESIREE HARRIS, § Plaintiffs, § § TARRANT COUNTY, TEXAS VS. § CITY OF FORT WORTH, § Defendant. § 236TH JUDICIAL DISTRICT COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS L RECITALS WHEREAS, Brandi Hoyle, a Plaintiff in the above-entitled and numbered cause ("Plaintiff'), alleges that on or about August 31, 2014, she received personal injuries in an automobile accident when the vehicle she was occupying was struck by a City of Fort Worth Police vehicle; WHEREAS, Plaintiff further alleges that the negligence of the City of Fort Worth ("City" or "Defendant"), by way of its employee, proximately caused the above-described accident; WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff Hoyle, suit was 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; WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action of any kind which she 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 to Plaintiff Brandi Hoyle, and her attorney Larry Rolle, of the law firm ROLLE, MADDEN, & BREELAND the sum of Twelve Thousand Dollars ($12,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of the Plaintiff's alleged injuries; and WHEREAS, even though the City denies any liability of any kind on account of the ,34 5 6 d incident made the subject of Plaintiff's suit, the City has agreed to the payment terms 4� des d above in compromise and settlement of the disputed claims and in order to avoid ���(0'urth e consuming and costly litigation. Q FjECE 9�p11 ocmow���pRc 8� 993V II. TERMS NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged,the City and Plaintiff agree that: 1. Brandi Hoyle, a Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Brandi Hoyle and her attorney, Larry Rolle, of the law firm ROLLE, MADDEN, & BREELAND the sum of Twelve Thousand Dollars ($12,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of Plaintiff's alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, does for herself, her representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, employees, workers and representatives, and all others 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 might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 236-284521-16, in the 236th District Court, Tarrant County, Texas, including claims for physical pain and suffering (past and future), medical expenses (past and future), physical impairment (past and future), 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. In consideration of the respective payment described above, Plaintiff 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 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 Hoyle, or by anyone on her behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff Hoyle declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by her, or on her behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about August 31, 2014, made the basis of this litigation, has 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, as well as any person, corporation, association, partnership, or entity they are or may be required to defend, indemnify, or hold harmless from and against any claims for medical, hospital, 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 OF BRANDI HOYLE 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- COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-Brandi Hoyle-CAUSE NO.236-284521-16 PAGE 2 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. PLAINTIFF ALSO REPRESENTS THAT THEY WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY HER WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 4. 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 the 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 disputed claims and that the payment made hereunder is not to be construed as admission of liability on the part of the City of 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. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Larry Rolle, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Brandi Hoyle' claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff Hoyle 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. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 7. By his signature hereto, the undersigned, Larry Rolle, attorney for Plaintiff Hoyle, and his law firm, hereby release the City of Fort Worth to the same extent Plaintiff has released them, 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. 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. Plaintiff, Brandi Hoyle, 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-Brandi Hoyle-CAUSE NO.236-284521-16 PAGE 3 10. By her signature hereto, Brandi Hoyle, Plaintiff, 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 the 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. This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below. BRANDI HOYLE,Plaintiff Date: STATE OF TEXAS § COUNTY OFT § BEFORE ME, the undersigned authority, on this day personally appeared BRANDI HOYLE, 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 day of , 2017. i�� CLAUDIA J. JACKSON Notary Public in and for th tate of'texas 2~P' ems'Notary Public,State of Texas ;*)vE Comm. Expires 01-22-2021 Notary ID 129273953 [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-Brandi Hoyle-CAUSE NO.236-284521-16 PAGE 4 APPROVED AS TO SUBSTANCE AND FORM: �f f Date: I "� Larry olle RO E, B LAND & WINGLER vOO Main Street, Suite 200 Dallas, TX 75201 1artj r2rbrl.con? ATTORNEY FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: Date: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Date: �� L 7 Benjami . Sampract Sr. Assistant City Attorney ATTEST: Q� FART U '2 * ' Date: Wry J. er,titAecretary •�XAs , COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-Brandi Hoyle-CAUSE NO.236-284521-16 PAGE 5 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. Date: WI 07 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-Brandi Hoyle-CAUSE NO.236-284521-16 PAGE 6