HomeMy WebLinkAboutContract 56637 My SEMARY
t`ONTRACT NO. _—
CAUSE NO. 348-3127b0-19
JESSE LEE HILL § IN THE DISTRICT COURT
Plaintiff, §
V. § 348th JUDICIAL DISTRICT
CITY OF FORT WORTH,TEXAS §
§
Defendant. § TARRANT COUNTY,TEXAS
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
L RECITALS
WHEREAS, Jesse Lee Hill, Plaintiff in the above-entitled and numbered cause
("Plaintiff'), alleges that on or about October 25, 2017, he received personal injuries in an
automobile accident when the vehicle he was driving was struck by a City of Fort Worth vehicle;
WHEREAS,Plaintiff further alleges that the negligence of the City of Fort Worth("City"
or"Defendant"),by way of its employee,proximately caused the above-described accident;
WHEREAS, as a result of such accident, injuries and damages allegedly suffered by
Plaintiff Hill, 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
Plaintiffs claims and cause 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
Jesse Lee Hill, and his attorney Roger "Rocky" Walton, of the LAW FIRM OF ROGER WALTON,
P.C.,the sum of Two-Hundred and Twenty-five Thousand Dollars($225,000.00)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
WHEREAS,even though the City denies any liability of any kind on account of the alleged
incident made the subject of Plaintiff's 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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
U. 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. Jesse Lee Hill,Plaintiff herein, for and in consideration of payment by the City of
Fort Worth to Jesse Lee Hill and his attorney,Roger"Rocky"Walton,of the LAw FIRM OF ROGER
WALTON,P.C. the sum of Two-Hundred and Twenty-live Thousand Dollars($225,000.00)in full
and final settlement of all claims against the City, its agents, employees, workers or
representatives, arising out of Plaintiff's alleged injuries, 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. 348-312760-19, in the 34811' District
Court, 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 him 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 Hill,or by anyone on his behalf,arising out of the above described
incident.
3. For the same consideration, Plaintiff Hill 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 October 25, 2017, made the basis of this litigation, has 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,,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. PLAINTIFF REPRESENTS
THAT NONE OF THE MEDICAL BILLS OF JESSE LEE HILL HAVE BEEN PAID BY
MEDICARE OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL
AGENCY. IF PLAINTIFF 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
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL
CLAIMS-Jesse Lee Hill-CAUSE NO.348-312760-19 PAGE 2
This agreement should he effective as of the date the last party signature is affixed hereto
Pq indicated by the dates set forth below.
J SE LEE HILL,Plaintiff
Date:
STATE OF TEXAS §
COUNTY OF I AVf 0e)'4 §
BEFORE ME, the undersigned authority, on this day personally appeared JESSE LEE
HILL,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/Vow 2021,
dJXi;QUELINE M}ARIE ANUAAAIa
t Notary Public,State of Texas _
COMM,Eicpfres o7 08-2oza tary Pu is in and for the State of ,
nur hfotary Ip 13188'7698
[ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES]
OFFICIAL RECORD
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CITY SECRETARY4
CLAIMS-Jesse Lee Hill-CAUSE NO.348-312760-19
FT.WORTH,TX
APPROVED AS TO FORM ONLY:
Date: f
Roger"RA,cy"Walton
LAW FIR14 OF ROGER WALTON,P.C.
2310 Interstate 20, Suite 200
Arlington,Texas 76017
filili.es lroekii►vallon.eoni
ATTORNEY FOR PLAINTIFF
CITY OF FORT WORTH:
APPROVED:
Date:
Assistant City Manager
CITY OF FORT WORTH
APPROVED:
- Date. - /I 11D /Z/ 1
Christopher B. Mosley . . r.,
J
Sr. Assistant City Attorneyaa ~�
ATTEST:
Ti ' Date:
ity Secretary
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL
CLAIMS-Jesse Lee Hill-CAUSE NO.348-312760-19 PAGE 5
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX