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Home My WebLink AboutContract 57216 G17f SECRE-ARY CAUSE NO. 153-323806-21 C11�0�S�R�ARY GISELA GARCIA-MARTINEZ, § IN THE DISTRICT COURT NLARIA GARCIA,INDIVIDUALLY, § AND AS NEXT FRIEND OF L.G.,A § MINOR § Plaintiffs § § 15311D JUDICIAL DISTRICT V. § NATHAN HOLSEY, AND § CITY OF FORT WORTH, TEXAS § Defendants § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CM S I. RECITALS WHEREAS, Gisela Garcia-Martinez, Plaintiff in the above-entitled and numbered cause ("Plaintiff'),alleges that on or about April 5,2019, she received personal injuries in an autoi nobile accident when the vehicle she was operating was struck by a City of Fort Worth Police veh cle; 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 Gisela Garcia-Martinez,suit was filed against the City in the above-entitled and nui bered 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 clauns and causes of!action of any kind which she may have against the City, its agents, employees, worke and representatives,and all others connected with or in privity with the City,arising out of or cor ected in any way with the above described accident in consideration of payment by the City to P intiff Gisela Garcia-Martinez, and her attorney Armin R. Mizani, of the Mizani Law Firm, the of One Thousand Two Hundred Dollars ($1.200.00)in full and final settlement of all claims ainst the City, its agents, employees, workers or representatives; arising out of the Plaintiff's a leged injuries; and WHEREAS,even though the City denies any liability of any kind on account of the a.leged incident made the subject of Plaintiffs suit, the City has agreed to the payment terms des ribed above in compromise and settlement of the disputed claims and in order to furtime consuming and costly litigation. OFFICIAL RIECUkU CITY SECRETARY Compromise Settlement Agreement and Release of All Claims—Gisela Garcia-Martinez FT. WORTH,TX Garcia-Martinez-Cause No. 153-323806-21 P 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. Gisela Garcia-Martinez,Plaintiff herein,for and in consideration of payment by the City of Fort Worth to Gisela Garcia-Martinez and her attorney, Armin R. Mizani, of the izani Law Firm,the sum of One Thousand Two Hundred Dollars($1,200.00)in full and final se ement 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 ereby acknowledged and confessed by Plaintiff, does for herself, her representatives, success rs and assigns, unconditionally release, acquit and forever discharge the City of Fort Worth, nd its agents, employees, workers and representatives, and all others connected with or in privi y 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. 153-323906-21, in the 153rd District Court, Tarrant aunty, Texas, including claims for physical pain and suffering (past and future), medical expens (past and future), physical impairment (past and future), and any other kind, character or n, are of damage which could or might be the subject of a claim by him arising from the incident hereulabove described. 2. In consideration of the respective payment described above, Plaintiff ag ees to indemnify and forever hold harmless and defend the City of Fort Worth,and all agents, emp yees, workers and representatives of the City of Fort Worth, and all others connected with or in Drivity 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 Gisela Garcia-Martinez, or by anyone on her behalf, arisi g out of the above described incident. 3. For the sarnc consideration,Plaintiff Gisela Garcia-Martinez declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by her, or on her behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about April 5, 2019, 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, corpo tion, 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 GISELA GARCIA-MARTINEZ HAVE BEEN PAID BY MEDICARE, MEDICAID 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, Compromise Settlement Agreement and Release ofA11 Claims—Gisela Garcia-Martinez Garcia-Martinez-Cause No. 153-323806-21 Page 2 WHATSOEVER, PLAINTIFF WILL FULLY SATISFY ANY CLAIM EVER ASSERTED 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 WI' H OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. 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 t it is liable for any damages alleged in the above-entitled and numbered cause. It is also and stood and agreed that this settlement is in compromise of disputed claims and that the paymen made hereunder is not to be construed as admission of liability on the part of the City of Fort orth, 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 the cause of action in the above-entitled and nu' tiered matter,with prejudice,and hereby authorizes and directs her attorney,Armin R.Mizani,to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to �risela Garcia-Martinez's claims and causes of action in the above entitled and numbered case agai st the City. And, in this connection, Plaintiff Gisela Garcia-Martinez and her attorney al, ee 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 or all purposes. 8. Plaintiff, Gisela Garcia-Martinez, represents and acknowledges that this Compromise Settlement Agreement and Release of All Claims has been read in its entirety efore signing and that it has been fully explained, in detail, to him by his attorney and that it is fully understood. 9. By her signature hereto, Gisela Garcia-Martinez, Plaintiff, 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 the represents ions, 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. This agreement should be effective as of the date the last parry signature is affixed hereto as indicated by the dates set forth below. Compromise Settlement Agreement and Release of All Claims—Gisela Garcia-Martinez Garcia-Martinez-Cause No. 153-323806-21 Page 3 i GISELA GARCIA-MARTINEZ,Pl, 'ntiff Date: Z — 10 —2C) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared G SELA GARCIA-MARTINEZ,known to me to be the person whose name is subscribed to the for going instrument, and acknowledged to me that she executed the same as her free act and d ed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (0 day off-br y 2022. mj41I111!1/111 FlLG� IAZA�jk m �t 1 ` Notary Pu in and for the 'fate f Tex • P�; o�� •Pq pFo`;�• cy ♦sue �O•. I ID A3••.• -o`#P44f1 I t<<�0%%o [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] Compromise Settlement Agreement and Release of All Claims—Gisela Garcia-Martinez Garcia-Martinez-Cause No. 153-323506-21 Pa e 4 APPROVED: Date: Attorney for Plaintiff Armin R. Mizani Mizani Law Firm CITY OF FORT WORTH: APPROVED: Date: _ 2L23LZoz2 Assistant City Manager CITY OF FORT WORTH APPROVED: Date: Attorney for Defendant, City of Fort Worth Harvey L.Frye, Jr. Sr. Assistant City Attorney k4051 ATTEST: H; S i TES'" Date: J ette S. Goodall, City Secretary OFFICIAL R CORD CITY SECR ARY' FT.WOR H,TX Compromise Settlement Agreement and Release of All Claims—Gisela Garcia-Martins Garcia-Martinez-Cause No. 153-323806-21 Page 5