HomeMy WebLinkAboutContract 49702 b
CITY SECRETARY 0
CONTRACT NO.
CAUSE NO. 067-287366-16
WILLIE HUCKABY § 1N THE DISTRICT COURT
Plaintiff, §
§
V. § 67`h JUDICIAL DISTRICT
LUIS ALFEREZ and §
CITY OF FORT WORTH, §
Defendants. § TARRANT COUNTY,TEXAS
COMPROMISE SETTLEMENT AND
RELEASE OF ALL CLAIMS
WHEREAS, Willie Huckaby (hereinafter sometimes referred to as "Plaintiff"), in the
above-entitled and numbered cause, alleges that on or about May 15, 2015, lie received personal
injuries when his vehicle was struck head on by a trailer and smoker that had come loose from
City's truck by which it was being towed, in Fort Worth,Tarrant County,Texas; and
WHEREAS, Plaintiff filrther alleges that negligence of the City of Fort Worth
(hereinafter sometimes referred to as "City"), along with the negligence of its employee
proximately caused the above-described accident;and,
WHEREAS, 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 of any kind which he may have against the City, its officers, agents, employees and
volunteers, and all others connected with or in privity with the City, arising ou inected
in any way with the above described accident in consideration of payor t I ity join
Z F
TLF.DIENT AGREEMENT AND RELF.ASF.OF ALL CLAIMS S�Q J
�F F�� CPPV
CITY SECRETARY
FT.WORTH,TX �d C6
�� 11OL6 $
e
Plaintiff and his attorney, John C. Nohinek, of the sum of One Ilundred Filieen Thousand
Dollars ($115,000.00) in full and final settlement of all claims arising out of the alleged injuries
of Plaintiff, Willie Huckaby; and,
WHEREAS, even though City denies any liability of any kind on account ol'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 MGN BY THESE PRESENTS:
1. That Willie Huckaby, Plaintiff herein, for and in consideration of payment by the
City of Fort Worth,jointly to Plaintiff, Willie Huckaby,and his attorney, John C.Nohinek,of the
sum of One Hundred Fifteen Thousand Dollars ($115,000.00) in full and final settlement of all
claims arising out of the alleged injuries of Plaintiff, Willie Huckaby, and the receipt and
sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff for
himself, his representatives, successors and assigns, Plaintiff does hereby unconditionally
release, acquit and forever discharge the City of Fort Worth, and its officers, agents, employees
and volunteers, 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 including, but not limited to, all claims heretofore asserted
or that could have been asserted in Cause No. 067-287366-16, in the 67°i District Court, Tarrant
County, Texas, including claims for physical pain and mental anguish, medical expenses (past
and future), loss of earning capacity and any other kind, character or nature of damage which
could or might be the subject of claim by him arising from the incident hereinabove described.
CONI PROM ISE SEM,ENI ENT ACREF.NiF.N'r AND RELEASE OF A1.1.CIA IVIS Page 2
2. That in consideration of the payment described above, Plaintiff agrees to
indemnify and forever hold harmless and defend the City of Fort Worth, its officers, agents,
employees and volunteers, and all others connected with or in privity with the said City of Fort
Worth 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. Plaintiff further represents that he has not been put
on notice of any subrogation claim by any person or entity and Plaintiff promises to indemnify,
forever hold harmless and defend the City against any claim against the City by any person or
entity who claims to be subrogated to the Plaintiff's rights against the City as a result of the
accident described above.
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 May 15, 2015, 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, its officers, agents, employees and volunteers and any other
person, corporation, association, partnership, or entity in privity with or connected with them,
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 AND HIS ATTORNEY SPECIFICALLY ACKNOWLEDGE THE HOSPITAL
LIEN IN FAVOR OF HARRIS METHODIST FORT WORTH ON FILE IN THE REAL
PROPERTY RECORDS OF TARRANT COUNTY RECORDED AS INSTRUMENT NO.
I
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE:OF ALL CLAIMS Page 3
1
D215136993 AND PLAINTIFF AGREES TO SATISFY THAT LIEN AND PROVIDE THE
CITY DOCUMENTATION THAT THE LIEN HAS BEEN SATISFIED AND A RELEASE OF
LILN FILED IN THE REAL PROPERTY RECORDS OF TARRANT COUNTY.
PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF PLAINTIFF,
WILLIE HUCKABY, HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY
OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF 1S
MISTAKEN IN ']'HIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER
GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS,
WHATSOEVER, PLAINTIFF WILL FULLY SATISFY ANY CLAIM EVER ASSER'T'ED BY
MEDICARE, MEDICAID 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 1N PRIVITY WITH OR CONNECTED W11'14
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 an 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. That Plaintiff agrees to dismiss the cause of action in the above-entitled and
numbered matter, with prejudice, and he hereby authorizes and directs his attorney, John C.
COMPROMISE SF,'171,EINEN'1'AGREENIENI'AND RELEASE Of A1,1,CLAIMS Page 4
Nohinek,to approve an Order Of Dismissal,with prejudice, with respect to his claims and causes
of action in the above entitled and numbered case. And, in this connection, Plaintiff and his
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 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.
8. That Plaintiff Willie Huckaby 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 and that it is fillly understood.
9. That, by his signature hereto, Willie Huckaby represents and declares that Ile 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 his 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.
COMPROMISE SEI"I'I.FI%IENT ACREi I%IEN'I'AND REI.EASF;OF ALL CLAINIS Page 5
r
This agreement shall be efibctive as of the date the last party signature is affixed hereto as
indicated by the dates set forth below the respective signatures.
*i1e1-1L1c—kaby --
Plaintiff
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Willie
1-fukaby, known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that Ile executed the same as his free act and deed for purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I0`h day of August 2017.
SARAH TURNER
Notary Public,State of Texas
. +Q` Comm.Expires 06-16-2021 u `
,,/�p 011$ Notary ID 13117597 8 No ry Public in and far the State of Texas
APPROVED:
Jo i . lhinek__
racy for Plaintiff'
COMPROMISE,SETTLEMENT ACREENIENT AND RELEASE OF ALI,CLAIMS Page 6
f f
i
APPROVED:
_ Date:
A istai City Manager /�
Cl1 l FORT WORTH C— d f ?
Harve L. f
Date: Z�'
y rye,Jr.
Assistant City Attorney
ATTEST:
Date: l l_
MA ry J. Kay I y cI ry
OFFICIAL RECORD
CITY SECRETARY
FT.(NORTH,TX
COMPROMISE SET'[•LEIh1EN'r ACREEN,IEN'I'AND RELEASE OF ALL CLAVUS Page 7
I
i
M&C Review Page 1 of 2
Official
CITY COUNCIL AGENDA FORT�TIf
COUNCIL ACTION: Approved on 8/1/2017
EYMMUMM
DATE: 8/1/2017 REFERENCE NO.: **G-19048 LOG NAME: 14HUCKABY
SETTLEMENT
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Settlement of the Claims Related to the Lawsuit Entitled Willie Huckaby v. City
Fort Worth, Cause No. 067-287366-16, 62nd District Court, Tarrant County, Texas and
Authorize Execution of Releases and Agreements Necessary to Complete the Settlemeni
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the below described settlement of the referenced claim and authorize payment of a total
of$115,000.00 to Willie Huckaby and his attorneys, Eberstein and Witherite, LLP, for the settlement
of possible claims related to the lawsuit styled Willie Huckaby v. City of Fort Worth, Cause No. 067-
287366-16, 62nd District Court, Tarrant County, Texas; and
2. Authorize the execution of Releases and Agreements necessary to complete the settlement.
DISCUSSION:
This case arises out of an automobile accident that occurred on May 5, 2015, involving a City of Fort
Worth vehicle that was towing a smoker and trailer that were the property of a City employee. The
smoker had been used the previous weekend to feed Parks and Recreation Department (PARD)
employees working at Mayfest and was being towed back to a City facility after being cleaned at a
nearby car wash. The accident occurred due to the smoker and trailer coming loose on the train
tracks in the 1500 block of NE 23rd Street and striking Mr. Huckaby's vehicle. Mr. Huckaby claimed
injury to multiple body parts, underwent a lengthy course of treatment and incurred medical bills due
to his injuries. The court ordered that this case be mediated. Mediation was held on June 1, 2017,
with Wade McMullen. As the result of a mediator's proposal, an Agreement to settle the case for
$115,000.00 was reached, subject to City Council approval.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the Risk Management Financing Fund Fiscal Year 2017 Budge
includes appropriations of$609,059.00 in the Lawsuit Payments/Settlements account. As of June 21
2017, the amount of$312,570.18 of those appropriations have been expended.
Upon approval of these recommendations, the Director of Finance certifies that funds are available
within the existing appropriations for these expenditures.
TO
Fund Department Account Project Program Activity Budget Reference# Amoun
ID I ID I I Year Chartfield 2
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24848&councildate=8/1/2017 9/29/2017
M&C Review Page 2 of 2
FROM
Fund Department Account Project I Program I Activity Budget Reference# Amoun
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Brian Dickerson (7783)
Additional Information Contact: Sophia Canady (7784)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24848&councildate=8/l/2017 9/29/2017