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HomeMy WebLinkAboutContract 51796 Jr� '7 : ?. CAUSE NO.236,300918-18 FABIAN CUANDO JARELLO, § IN THE DISTRICT COURT § Plaintiff, § § VS. § TARRANT COUNTY,TEXAS § MARK AARON WILLIAMS, § § Defendant. § 236th JUDICIAL DISTRICT COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS L RECITALS WHEREAS,Fabian Cuando Jarillo, a Plaintiff in the above-entitled and numbered cause ("Plaintiff'), alleges that on or about January 14, 2017, he received personal injuries in an automobile accident when the vehicle he was occupying was struck by a City of Fort Worth 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 Plainti$suit was filed against the City in the above-entitled and numbered cause,reference Ding 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 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 Fabian Cuando Jarillo,and his attorney,Paul Hornung,ofthe law firm DOMINGO GARCIA,P.C. the sum of Nineteen Thousand Dollars ($19,000.00) 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, �p�2Q 2p19 FO*"r\V' C\�i* 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. Fabian Cuando Jarillo, a Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Fabian Cuando Jarillo and his attorney,Paul Hornung at the law offices of Domingo Garcia, P.C., the sum of Nineteen Thousand Dollars ($19,000.00) in full and final settlement of all claims against the City,its agents,employees,workers or representatives,arising out of Plaintiffs alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by PIaintiff,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. 236-300918-18, 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 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 her 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 February 14, 2017, made the basis of this litigation, has been or will be paid or compromised by Plainti$ 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 TEE MEDICAL BMLS OF FABIAN CUANDO JARMLO HAVE BEEN PAID BY MEDICARE OR BY ANY OTHER GOVERNMENTAL OR QUASI- GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND . _ -------- - COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS- JariAo-CAUSE NO.236-300919-18 PAGE 2 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 WrM 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, 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 attorney,Paul Hornung with the Law Offices of Domingo Garcia, P.C., to prepare and file the appropriate Motion and Order of Dismissal,with prejudice,with respect to Fabian Cuando Jarillo's claims and causes of action in the above-entitled and numbered case against the City. 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. 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,Paul Hornung,attorney for Plaintiff,and his 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 attorney or his law fum 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, Fabian Cuando Jarillo, 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 fully understood. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OP'AL1.CLAIMS- Jolflo-CAUSE NO.236-300918-19 PAGE 3 10. By his signature hereto, Fabian Cuando Jarillo, PlaintiM 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. FABIAhCZArl KDO JARMUM,Plaintiff Date: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared FABIAN CUANDO JARILLO,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 j� day of 1 ,2019. MM"` NOSE 130kLEAMO 60"ZAM-R":oJA. I - Notary Public,State of Texas Notary Public in f` xas l Comm.E;xpkee 00-01-2022 . Notary ID 128207487 r [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] APPROVED AS TO SUBSTANCE AND FORM: COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS- JarMd-CAUSE NO.236-300918-18 PAGE 4 r Date: aul Holrnung State Bar No.00795831 LAW OFFICE OF DOMINGO GARCIA,P.C. 400 S.Zang Blvd,Ste.600 Dallas,Texas 75208 Phone: 214-941-8300 Fax: 214943-7536 dallasoffice gley.com ATTORNEY FOR PLAINTIFF CITY OF FORT WORTS: APPROVED: Date: �1. r Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Dater . Winter Assistafit City Attorney ATTEST: _ --a o , / 'X" Dat ' }}[[ e• • , . L; �AS �y S Contract Compliance Manager: A COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS- JariUb-CAUSE NO.236-300919-19 PAGE 5 I I By signing I acknowledge that I am the person responsible for tbo monftring and administration of this contmot,including ensuring all perlbrmanoe and reporting requirements. i 064-{- ALI Date: i i COMP11OMIBB SETTLEMENT AQRBBMBNr AND RBLBABB OF ALL,CLADM- Jarllio-CAUSE NO.23&300918.19 pAdg 6