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HomeMy WebLinkAboutContract 53420 UOcu--;q I tnveiope tu:C/4JLU/a-UAAJ-41t3tl-tSUOtS-000LrL4LU4HL RECEIVEDCITY SECRETARY 53 f ELT►��. , a o JAN 21 2020 CAUSE NO. 19-0989-462 CITY OF FART WORTH CITY SE ETAN RAVID MARTIN SCHEURECKER § IN THE DISTRICT COURT Plaintiff § VS § 492NI,JUDICIAL DISTRICT CITY OF FORT WORTH § Defendant § DENTON COUNTY,TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, David Martin Scheurecker, Plaintiff in the above-entitled and numbered cause, alleges that he was injured on or about July 30,2018,when the vehicle that he was driving northbound on I-35W in Fort Worth was struck by another vehicle that had been struck by a Fort Worth Police Officer(Fort Worth is sometimes referred to herein as "City" or"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 David Martin Scheurecker, Plaintiff filed suit against the City in the above-entitled and numbered cause, reference being made to the pleadings on file 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 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 his attorney, Matthew Olivares, of the sum of Thirty-Five Thousand Dollars ($35,000.00) in full and final settlement of all claims arising out of the alleged injuries of David COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS C�FFICIA Ee 1 CITY SECRETARY" FT. WORTH,T � uocuNgn tnveiope w:mvfoduro-urwrw itsc-ouoes-oou�ri.•+�uwh� Martin Scheurecker 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 David Martin Scheurecker, Plaintiff herein, for and in consideration of payment by the City of Fort Worth,jointly to Plaintiff,David Martin Scheurecker,and his attorney, Matthew Olivares, of the sum of Thirty-Five Thousand Dollars ($35,000.00) in full and final settlement of all claims including injuries arising out of the July 30,2018 incident herein described, 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. 19-0989-462, in the 462ND Judicial District, Denton County, Texas, including claims of any other kind, character or nature of damage which could or iriight be the subject of a claim by him arising from the incident hereinabove described. 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2 i...w4vbi1�ImVFIa w. IOO'PVOO'OOUIar VYGVYNL 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 is the only person entitled to act on his behalf. In short,Plaintiff represents that he is the only person authorized to pursue any claim or cause of action arising from the alleged injuries and he 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 him, or anyone else on his behalf or in any way pertaining to or arising out of the injury that allegedly occurred on or about July 30, 2018, 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 limiter 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 IS MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID, 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 uocuaign cnveiupe iu;et4oauto-utwd-4(oo•ou0n-ooul.rl+4,eu4me 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 doubtful and 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 he hereby authorizes and directs his attorney, Matthew Olivares, to approve an Agreed 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 by his signature hereto, the undersigned, Matthew Olivares, 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. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4 vocuaign tnvempe iu.t/43LU/0-UNNd-41Gtl-tlUOtl-OOUI,I l.4LU4NL 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 David Martin Scheurecker 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. 10. That, by his signature hereto, David Martin Scheurecker 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 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. 11. That, whether specifically stated or not, any reference herein to "Plaintiff' or "David Martin Scheurecker"refers to Plaintiff, David Martin Scheurecker. 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. DocuSigned by: 7 �.. David Martin c ILSU ffl6'r-Plaintiff Date: 1/16/2020 OFFICIAL RECUR, CITY SECRETARY FT. WORTH,TX a COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 UDCuoign tnvelope IU:tr43LUrD-UHH3-41tltl-OUbtl-000t t'44CU4HG STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared David Martin Scheurecker,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 2020. MARIBEL FERREIRA z°O Notary Public,State of Texas �'• "= Comm.Expires 11-29-2022 Notary Public in and for the State of Texas Notary ID 131809202 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - Page 6 uocuwgn Cnvaiope w:t/gJLuIa-UAAJ-4It5"U00-000t rl.4LU,4AL APPROVED AND AGREED TO: Date:— att mew Olivares BERGQUIST LAW FIRM 3811 Turtle Creek Blvd., Suite 450 Dallas, Texas 75219 (214)217-0705 (713)739-0000 Fax mgo(&bergquistlawfirm.com APPROVED: Date: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FOR Date: is ph r sley Senior Assistant City Attorney ATTEST: Date: Mary J. Ka retary FT WORTH, ,. .•;#. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 7