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HomeMy WebLinkAboutContract 49661 CITY C CONTRACT NON0.. CAUSE NO.2016-004987-2 THOMAS COLLINS, § IN THE COUNTY COURT AT LAW Plaintiff, § V. § COURT NUMBER 2 CITY OF FORT WORTH, § Defendant. § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Thomas Collins, Plaintiff in the above-entitled and numbered cause ("Plaintiff), alleges that on or about March 3, 2015, he received personal injuries in an automobile accident when the vehicle he was operating collided with a City of Fort Worth Police vehicle; WHEREAS, Plaintiff further alleges that the negligence of the City of Fort Worth (the "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, 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 Plaintiffs claims and cause of action; WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action of any kind which he 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 Thomas Collins, and his attorneys Brett T. Barber and Amar S. Dhillon, of the law firm Branch & Dhillon, P.C., the sum of Fifty Five Thousand Dollars ($55,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of the Plaintiffs alleged injuries;and WHEREAS, even though the City denies any liability of any kind on account of the alleged incident made the subject of Plaintiffs suit, the City has agreed to the payment terms described above in compromise and settlement of the disputed claims and in order to avoid further time-consuming and costly litigation. Compromise Settlement Agreement and Release of All Claims—Page l Cause No.2016-004987-2;Thomas Collins v City of Fort Worth OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. Thomas Collins, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Thomas Collins and his attorneys, Brett T. Barber and Amar S. Dhillon of the law firm Dhillon & Branch, P.C., the sum of Fifty Five Thousand Dollars ($55,000.00) 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 himself, his 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. 2016-004987-2, in County Court at Law No. 2, 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 him 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,or by anyone on his behalf,arising out of the above- 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 him, or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about March 3,2015,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 it, as well as any person, corporation, association, partnership, or entity it is 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 THOMAS COLLINS HAVE BEEN PAID BY MEDICARE OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF IS Compromise Settlement Agreement and Release of All Claims—Page 2 Cause No.2016-004987-2;Thomas Collins Y. City of Fore Worth 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. PLAINTIFF ALSO REPRESENTS THAT HE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY HIM 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, the City denies liability for the above-described accident, if any,and intends,by this settlement,merely to buy its peace. S. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter,with prejudice,and hereby authorizes and directs his attorneys,Brett T.Barber and Amar S. DhiIlon, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Thomas Collins' claims and causes of action in the above-entitled and numbered case against the City. And, in this connection, Plaintiff and his attorneys 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 signature hereto, the undersigned attorneys for Plaintiff, and their law firm, hereby release the City of Fort Worth to the same extent Plaintiff has released it, from any cause or causes of action which said attorneys or their 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 Thomas Collins 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 him by his attorney(s)and that it is fully understood. Compromise Settlement Agreement and Release of All Claims—Page 3 Cause No.2016-004987-2;Thomas Collins v.My of Fort Worth 10. By his signature hereto, Thomas Collins, Plaintiff,represents and declares that he 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 him 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. THOMAS COTONK,Plaintiff Date: IW-17 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared THOMAS COLLINS,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of C R &UW9ee 2017. C -- EsNotary PUNIC. A Notary Public in and for . �!; dy State anrgoe The State of Texas EXPIMS:MM0191 [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] Compromise Settlement Agreement and Release of All Claims—Page 4 Cause No.2016-004987-2;Thomas Collins v City of Fort Worth APPROVED AS TO SUBSTANCE AND FORM: Date: 09/14/2017 Brett T.Barber State Bar No.24026782 Amar S.Dhillon State Bar No.24009991 BRANCH&DHILLON,P.C. 625 W.Main Street Arlington,TX 76010 Direct: 214-707-0650 Fax: 817-274-6860 ATTORNEYS FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: v4j�._ Date: I �� Valerie Washington Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: a �A �-'-. a,-� rt�_ Date: � � v( Lynn , . Widter Assistant Ci(y Attorney OF FQRT �� l2 ATT `•0 ? Q ary J.Kayser, City Secre AS. * Date: -1 Compromise Settlement Agreement and Release of All Claims—Page 5 Cause No.2016-004987-2;Thomas Collins v. City of Fort Worth OFFICIAL RECORD CITY SECRE'T'ARY FT.WORTH,TX 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: Jim dd Wines Risk Management Analyst OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Compromise Settlement Agreement and Release of All Claims—Page 6 Cause No.2016-004987-2;Thomas Collins v City of Fort Worth