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HomeMy WebLinkAboutContract 52590 �p o CITY SECRETARY=� 0 CONTRACT NO. CAUSE NO. 348-302176-18 RICHARD CHARLES SHANLEY AND § IN THE DISTRICT COURT JENNA SEARS, AS NEXT FRIEND OF § SEBASTIAN SEARS,A MINOR § Plaintiff, § 348 JUDICIAL DISTRICT VS. § THE CITY OF FORT WORTH § TARRANT COUNTY, TEXAS Defendant. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Richard Shanley, Plaintiff in the above-entitled and numbered cause ("Plaintiff'), alleges that on or about July 21, 2017, he received personal injuries and property damage in a automobile accident when his vehicle collided with defendant's vehicle; WHEREAS,Plaintiff further alleges that the negligence of the City of Fort Worth("City" or"Defendant")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 Plaintiff s claims and causes 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, Richard Shanley and his attorney Barry Martines of the Law Offices of Barry Martines, the sum of Ninety Thousand dollars ($90,000.00) 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 property damage; 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 OFFS UI'AGF 6L- Richard Shanley and Jenna Sears, as nextflend of Sebastian Sears, a minor v. City ofFort VtftSECRL iARY I FT WORTH,TX 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. Richard Shanley, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Richard Shanley and his attorney, Barry Martines of The Law Offices of Barry Martines, the sum of Ninety Thousand Dollars ($90,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of the accident made the basis of this lawsuit, 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. 348-302176-18, in the District Court, 348th Judicial District in 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 their 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 Richard Shanley 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 July 21, 2017, made the basis of this litigation, has been or will be paid or compromised by Plaintiff, and Plaintiff hereby agree 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. PLAINTIFFS REPRESENTS THAT THE MEDICAL BILLS OF RICHARD SHANLEY HAVE NOT BEEN PAID OR PARTIALLY PAID BY MEDICARE. HOWEVER, IF MEDICARE OR SOME OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF WILL FULLY SATISFY ANY CLAIM EVER ASSERTED COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS PAGE 2 Richard Shanley and Jenna Sears, as next friend of Sebastian Sears, a ininor v. City of Fort Worth 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, 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 with prejudice the cause of action in the above-entitled and numbered matter and hereby authorizes and directs his attorney, Barry Martines, to prepare and file the appropriate Motion and Order of Dismissal with prejudice, with respect to Richard Shanley, all claims and causes of action in the above-entitled and numbered case against the City. And, in this connection, Plaintiffs and their 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, Barry Martines, 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 relatable to Richard Shanley 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 Richard Shanley 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 their attorney, and that it is fully understood. 10. By his signature hereto, Plaintiff Richard Shanley 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS PAGE 3 Richard Shanley and Jenna Sears, as next friend of Sebastian Sears, a minor v. City of Fort Worth are accurate, binding, and are contractual in nature w-id that no representation or agreement not herein expressed has been made to them as induceanent 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 atf xed hereto as indicated by the dates set forth below. �' 7 RI . r SHANL {Y,PLAT IFF Date: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared RICHARD SHANLEY,known to rare to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed the same as their free act and deed fox purposes and consideration therein expressed, VEN UNDER MY HAND AND SEAL OF OF FT ' i this _ day of ,2019. Notary Public in and for The State of Texas - DANAHUGHES hty Notary ID#11876507 APPROVED AS TO FORM AND SUBSTANCE: Expires February 28,2020 Date: f Z3 -1 1 Barry Ma apes ' Law Offices of Barry Martiiies 2601 Airport Freeway Suite 100 Fort Worth, Tx.76111 A17ORNEY FOR PLAINTIFFS Lth ICIAL. RECORD Y SECRETARY COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS WORA,Tx Richard Shanley and Jenna Sears, as next friend of Sebastian Sears, a ininor V. City of Fort K CITY OF FORT WORTH APPROVED: Date: Z��"1 Valerie Washington Assistant City Manager APPROVED AS TO FORM: Date: [i II te erkA.,Curnbie Assistant City Attorney ATTEST: 'IF C3 . 4N. . Date: C Mary J. Kay Aty�§4Wretary ; =.i OFFICIAL RECORD COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS CITY SUKREMY Richard Shanley and Jenna Sears, as next friend of Sebastian Sears, a minor v. City of Fort Woy th 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. �)4AA� v �n��"{ N�U� Date: Deirdre O'Neal-Mills Risk Management Analyst OFFICIAL RECORD CITY SECRETARY COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FT. WCHM—,6U Richard Shanley and Jenna Sears, as next friend of Sebastian Sears, a minor v. City of Fort