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HomeMy WebLinkAboutContract 52024 RECEIVED MAR 1 1 2019 CITY AR( CI'IYOFFORTWORTH f%,f1NMCTNO. aM CITYSECRETARY CAUSE NO. 2018-008040-1 MINDY RODRIGUEZ § IN THE COUNTY COURT Plaintiff § VS § AT LAw No. 1 THE CITY OF FORT WORTH § Defendant § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Mindy Rodriguez, Plaintiff in the above-entitled and numbered cause, alleges that on or about October 11, 2017, the vehicle that she was a passenger in that was traveling southbound in the 2100 block of Riverside Drive was struck by the 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 alleged injury of Mindy Rodriguez, Plaintiff filed suit 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 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 jointly to Plaintiff and her attorney, James Baudhuin and Canas & Flores, of the sum of Forty COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS OFFAL RECORD CITY SECRETARY FT. WORTH,TX Thousand Dollars ($40,000.00) in full and final settlement of all claims arising out of the alleged injuries of Mindy Rodriguez and Plaintiff acknowledges that it is the intention of this agreement to compromise and settle all claims against the City under 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. THE PARTIES AGREE AS FOLLOWS: 1. That Mindy Rodriguez, Plaintiff herein, for and in consideration of payment by the City of Fort Worth,jointly to Plaintiff, Mindy Rodriguez, and the firm of Canas & Flores, of the sum of Forty Thousand Dollars ($40,000.00) in full and final settlement of all claims arising out of the alleged injuries and the receipt and sufficiency of such consideration being hereby acknowledged and confessed, Plaintiff does hereby 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. 2018-008040-1, in the County Court at Law #1, Tarrant County, Texas, including claims of 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. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS 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, 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 on her behalf. In short, Plaintiff represents that she is the only person authorized to pursue any claim or cause of action arising from the allege injuries 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 alleged injuries. 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 her, or anyone else on her behalf or in any way pertaining to or arising out of the injury that allegedly occurred on or about October 11, 2017, 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, 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 HAVE BEEN PAID BY MEDICARE, MEDICAID, OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 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, 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 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 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. That Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and she hereby authorizes and directs her attorney, James Baudhuin, 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. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4 1 7. That by his signature hereto, the undersigned, James Baudhuin, 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 Mindy Rodriguez 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. 10. That,by her signature hereto, Mindy Rodriguez 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 "Mindy Rodriguez"refers to Plaintiff, Mindy Rodriguez. This agreement shall be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below the respective signatures. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 P!>rW Mindy Rodrigut ., Plaintiff Date: G STATE OF TEXAS COIJN'I'Y OF TARRANT BEFORE ME. the undersigned authority. on this day personally appeared Rodriguez. known to me to be the person whose name is subscribed to the Coregoing instrui1101t. and acknowledged to me that site executed the same as her free act and deed for purpo,es ai.dl consideration therein expressed. GIVEN UNDER MY I IAND AND SI AI. OF OFFICE this o2 l d,,\ 6rmAr I . 2019. Notary P lie in and lirr tyle' State of'Iexas BOBBY ,_ +NrcOMIlissr0 CKEY ES N exP SEP TEMBER 4,20020 NOTARY ID: 10480222 rOFFIC:IALRECORDRYTX COMPROMISE SF.7TI.F:\IF:N"I' \\n RELEASE I ALL CLAIMS OV . EED'T'O: 3� r' Dane: } mcs Bauu Law Offices ofJalnes it. Baudhuin P.0. Box 290 Coppc:ll.Texas 75019 i im•if)batldhuinla«v.c(im badesrihmac.com APPROVED: ` C !J Date,: l / - Assistant City Manager CITY 01 FORT WORTH i APPROVED AStT -4f"-Oftlm: Date:Ir stophcr 13. i v Senior Assistant Ct.v AlLurney ATTEST: FORT ,)ate: Mary J. Kayse 'l Sec J t OFFICIAL RECORD CITY SECRETARY Flo WORTH,TX C()\11'It()\11CFtl7'r1.E\IF:\'I'.1C:1t1i1:\I1;\'1'.\\nRELFASCO ALLt't.AIMSaline