The URL can be used to link to this page

Home My WebLink AboutContract 53628 r;N RACT NOR_Y j 3 r_��_. RECEiVED MAR_- 4 2020 civoFFOgTwoant CAUSE NO.2018-004126-2 Dianne Posey § In The County Court Plaintiff § Vs § At Law Number 2 The City of Fort Worth,Texas § Defendant § Tarrant County,Texas COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS,Dianne Posey,Plaintiff in the above-entitled and numbered cause,alleges that she was injured on or about October 14, 2017, when tripped over an unknown object on the sidewalk located on the Will Rogers Memorial Coliseum owned and operated by the City of Fort Worth(sometimes referred to herein as"City"or"the City"); and WHEREAS,as a result of such accident and the alleged injury of Dianne Posey, 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 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, Wade Barrow,of the sum of Twenty Thousand Dollars ($20,000.00) in full and final settlement of all claims arising out of the alleged injuries of Dianne Posey 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, COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS,Posey Page 1 WHEREAS, even though City denies any liability of any kind on account of the alleged incident made the subject of Plaintiffs 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 Dianne Posey,Plaintiff herein,for and in consideration of payment by the City of Fort Worth,jointly to Plaintiff,Dianne Posey, and her attorney, Wade Barrow, Wade Barrow, PLLC, of the sum of Twenty Thousand Dollars ($20,000.00) in full and final settlement of all claims including injuries arising out of the October 14,2017 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. 2018-004126-2,in the County Court at Law No.2,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. 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 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. COMPROMISE SETTLEMENJ AGREEMENT AND RELEASE OF ALL CLAIMS,Posey Page 2 Plaintiff f irther 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 alleged 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 April 3,2018,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 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 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 HARMLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS,Posey Page 3 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 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. 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, Wade Barrow, 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. 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 Dianne Posey 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. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS,Posey Page 4 9. That,by her signature hereto,Dianne Posey 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. 10. That, whether specifically stated or not, any reference herein to "Plaintiff' or "Dianne Posey"refers to Plaintiff,Dianne Posey. 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. 4 11 po-V6- Dianne Posey,Plaintiff Date: 3' 4"- .2090 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS,Posey Page 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Dianne Posey, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of „ —2020. ary ub is in an for e State of To - s r fi' No�ry IDT> 527 1 OM Se00W 23,2021 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS,Posey Page 6 APPRO AS F / Date: L.-^ Wade A. B ow State Bar No. 24031844 Barrow Law,P.L.L.C. 1214 Fairmount Avenue Fort Worth,Texas 76104 P: (817) 617-7797 F: (817)900-3408 wade@harrow-law.com — ... AYPK�L"LJ: Date: 0 Jesus "Jay" Chapa Assistant City Manager CITY OF FORT WORTH ^V ED AS T APP Rv O FORM: 4-lmA'Az:-W- --- — Date: _ Ly M. inter +. e Assistanigity Attorney �OR EW Date: _ 3 l � d War/J. Kayser. City Secret � 5 6C u:r, , CITY SECRE f,A P',. FT. WORTF,,, COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS,Posey Page 7 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. Name of Employee/Signature Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature OFFICIAL. RECORD CITY SECRETARY FT. WORTH,TX