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HomeMy WebLinkAboutContract 54725 CITY SECRETARY CAUSE NO. 096-306910-19 TEXAS FARM BUREAU MUTUAL INS. § IN THE DISTRICT COURT OF CO. § Plaintiff, § V. § TARRANT COUNTY, TEXAS CITY OF FORT WORTH § Defendant. § 96TH DISTRICT COURT COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, TEXAS FARM BUREAU MUTUAL INSURANCE CO. (as Subrogee of Policyholder Judy Williams), Plaintiff in the above-entitled and numbered cause ("Plaintiff'), alleges that its policyholder's vehicle, a 2016 FORD ESCAPE, VIN IFMCUOJ90GUC25483 ("Policyholder's Vehicle" or "Subject Vehicle"), was damaged as a result of an accident that occurred on or about July 29, 2018 ("Subject Incident"); WHEREAS, Plaintiff has asserted a property damage claim against the City of Fort Worth ("City" or "Defendant"), for monetary damages alleging that the damage to its policyholder's vehicle was proximately caused by the negligence of the City of Fort Worth, by way of its officers, agents or employees; WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action of any kind which it 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 through its attorneys at THE FUSSELMAN LAW FIRM, PC in trust for TEXAS FARM BUR. MUT. INS. CO. the sum of Sixteen Thousand, Four Hundred Ninety-Eight Dollars, Eighty-Seven Cents ($16,498.87) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of the accident mentioned above; 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. MY SECREIMY o FT WORTH, TX sF�9cq�9Ty� 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. Plaintiff TEXAS FARM BUREAU MUTUAL INSURANCE CO., including its representatives, successors and assigns, in consideration of the payment of $16,498.87 paid to Plaintiff by the City of Fort Worth, the receipt and sufficiency of which are hereby acknowledged, does hereby fully and finally release the City of Fort Worth and its officers, agents and employees and all other persons and entities in privity with, or connected with, the City of Fort Worth of and from any claim, whatsoever, it has or claim against the City on the date of the signing of this Release or that may hereafter accrue as a result of the damage to policyholder's vehicle mentioned above including, but not limited to, cost of repair, loss of use, diminution in value and all property damage claims, whatsoever. 2. Plaintiff, TEXAS FARM BUREAU MUTUAL INSURANCE CO., represents that it is a subrogee of Judy Williams (the "Insured" or "Policyholder"), a Texas resident. Plaintiff represents that it paid insurance benefits to or on behalf of its insured for damages sustained to the policyholder's vehicle as a result of the incident made the basis of this lawsuit and, therefore, is subrogated to such insured's interests with respect to those damages. Plaintiff represents that it is the only person or entity entitled to any recovery as a result of the alleged damage to the policyholder's vehicle described above. In consideration of the settlement described herein, Plaintiff(Releasing Party) hereby agrees to indemnify, hold harmless and defend the City (Released Party) from and against any and all claims, suits, demands, actions and causes of action for property damages, including but not limited to claims or actions for contribution, indemnity or subrogation, if any, which have been or which may hereinafter become asserted against Released Parties for any claims, demands, actions, suits or causes of action for property damages brought or raised by, made by, through, or in the name of Releasing Party, for any alleged damages resulting from the Subject Incident involving the Subject Vehicle. Plaintiff also represents that it will fully satisfy all legal bills it incurred with any other law firm or attorney who may be owed fees related to this matter. 3. Plaintiff, TEXAS FARM BUREAU MUTUAL INSURANCE CO., acknowledges that it has read this Release in its entirety and has had an opportunity to consult with an attorney before signing it. 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. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS -Texas Farm Bureau Mutual Ins. Co. (Cause No. 096-306910-19) Page 2 of 4 5. Plaintiff, TEXAS FARM BUREAU MUTUAL INSURANCE CO., agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Jason E. Wells, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff's claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff and its 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. 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. TEXAS FARM BUREAU MUTUAL INSURANCE CO,Plaintiff Title: Date: STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as his/her free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 52019. Notary Public in and for the State of Texas [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS -Texas Farm Bureau Mutual Ins. Co. (Cause No. 096-306910-19) Page 3 of 4 5. Plaintiff, TEXAS FARM BUREAU MUTUAL INSURANCE CO., agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Jason E. Wells, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiffs claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff and its 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 perty incurring same. 7. 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. Z / fi /1.4 If Y/11 INKIr/r/NaM — S AU TUAL INSURANCE CO,Plaintiff Title:- Subrogation Specialist Date: STATE OF T XAS § COUNTY OF11kcW1 ww, § BEFORE ME,the undersigned authority,on this day personally appeared Kaci Tngram , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as his/her free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1 Uw1 '2019. �.�""rn�r��. BARBARA MUELLER 1%1 . 11., �E,allotary Public,state 0t Texas Notary Public in and for the State of Texas Comm.Expires 12-07.2022 Notary ID 13182186-7 [ EAR ON THE FOLLOWING PAGES] COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS -Texas Farm Bureau Mutual Ins.Co. (Cause No.096-306910-19) Page 3 of 4 APPR +D AS TO SUBST t AND FORM: Date: Jaso . Wells Chfistopher A.Fusselman THE FUSSELMAN LAW FIRM,P.C. 1616 South Voss Rd., Ste.775 Houston,Texas 77057 e-file(@thefusselmanlawfirin.coin ATTORNEYS FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: Date: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Date: Benjamin J.Sampract Senior Assistant City Attorney ATTEST: Date: Mary J.Kayser,City Secretary 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. Date: COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS -Texas Farm Bureau Mutual Ins, Co, (Cause No. 096-30010-19) Page 4 of 4 '' APPROVED AS TO SUBSTANCE AND FORM: Date: Jason E. Wells Christopher A. Fusselman THE FUSSELMAN LAW FIRM,P.C. 1616 South Voss Rd., Ste. 775 Houston,Texas 77057 e-file@—thefusselmanIawfirm.com thefusselmanlawfirm.com ATTORNEYS FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: Date: /G Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Date: Benja J. Sampraci Senior Assistant City Attorney ATTEST: Date: Mary J. Kayser, City Secretary 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. �uiz�lci 7-"("1" 10/16/2020 Date: COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS -Texas Farm Bureau Mutual Ins. Co. (Cause No. 096-306910-19) Page 4 of 4 APPROVED AS TO SUBSTANCE AND FORM: Date: Jason E. Wells Christopher A. Fusselman THE FUSSELMAN LAW FIRM,P.C. 1616 South Voss Rd., Ste. 775 Houston, Texas 77057 e-file@thefusselmanlawfirm.com ATTORNEYS FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: T J' - Date: s1 ` act Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Date: Benja J. Sampract Senior Assistant City Attorney ATT of Off ar J. Kayser, City Secretar ' Contract Compliance Manager: By signing I acknowledge that I am es able for the monitoring and administration of this contract, including ensuring all p and reporting requirements. Date: OFFICIAL. RECORD CITY S %FCRMRY COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS -Texas Farm Bureau Mutual Ins. Co. (Cause No. 096-306910-19) F'1. WQBTti4TX