HomeMy WebLinkAboutContract 57614 CITY
0ONTRACT NO.SECRETARY 7 0I
CAUSE NO. 141-325455-21
MARTHA AGUILAR § IN THE DISTRICT COURT OF
Plaintiff, §
VS. § 141ST JUDICIAL DISTRICT
CITY OF FORT WORTH, §
Defendant. § TARRANT COUNTY,TEXAS
PLAINTIFF MARTHA AGUILAR'S COMPROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS
I.RECITALS
WHEREAS,Martha Aguilar, Plaintiff in the above-entitled and numbered cause, alleges
that on or about November 12, 2019, she received personal injuries in an automobile accident
when her vehicle collided with 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 Nicolas Guadarrama, proximately caused the above-
described accident;
WHEREAS, as a result of such accident, injuries and damages allegedly suffered by
Plaintiff,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 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 to Plaintiff
Martha Aguilar, and her attorney R. Rieker Carsey, of the Anderson Injury Lawyers,the sum of
One Hundred Fifty Thousand and No/l00 Dollars($150,000.00) 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
WHEREAS,even though the City denies any liability of any kind on account ofthe alleged
incident made the subject of Plaintiff's suit, the City has agreed to the payment terms described
f1Fr'h(J' L RECORD
SECRE ARY
'1 ''v1JORT ,TX
above in compromise and settlement of the disputed claims and in order to avoid further time-
consuming and costly litigation.
H.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. Martha Aguilar,Plaintiff herein,for and in consideration of payment by the City to Plaintiff
Martha Aguilar, and her attorney R. Rieker Carsey, of the Anderson Injury Lawyers,the sum of
One Hundred Fifty Thousand and No/100 Dollars ($150,000.00) 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 herself, her 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. 141-325455-21, in the Judicial District Court, 141st 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), property damage, loss of wages (past and
future),loss of earning capacity(past and future), mental anguish(past and future), and any other
kind, character or nature of damage which could or might be the subject of a claim by her arising
from the incident herein above 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,or by anyone on her behalf,arising out of the above-described incident.
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 on her behalf,
or in any way pertaining to or arising out of the injury that allegedly occurred on or about
Novemberl2,2019,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, 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.
4. Taxes. The Parties will report, as may be required by law,their respective payments and
receipt of the amounts described herein.Plaintiff and her attorney acknowledge and agree that:(1)
Compromise Settlement Agreement And Release Of
All Claims—Martha Aguilar v. CFW—Cause No. 141-325455-21 Page 2
the City and its counsel have made no representations to Plaintiff or her counsel regarding the tax
consequences of the payments made to her or to her attorney under this Agreement; and (2)
Plaintiff and her attorney are ultimately responsible for determining the taxability of any of the
payments made to Plaintiff and her attorney in this Agreement,and for paying taxes(federal,state,
or otherwise), if any, which any taxing authority determines or claims are owed with respect to
such payments.
PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF
MARTHA AGUILAR 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 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 WITH OR
CONNECTED WITH IT AGAINST ANY SUCH CLAIM.
PLAINTIFF ALSO REPRESENTS THAT SHE WILL FULLY SATISFY ALL
LEGAL BILLS INCURRED BY HER WITH ANY OTHER LAW FIRM OR ATTORNEY
WHO MAY BE OWED FEES RELATED TO THIS MATTER.
5. 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 an 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.
6. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter,
with prejudice, and hereby authorizes and directs her attorney, R. Rieker Carsey, 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 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.
7. It is understood and agreed that all taxable court costs will be paid by the party incurring
same.
8. 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.The
Parties agree that this Agreement contains the entire agreement between the Parties and supersedes
any and all prior agreements, arrangements, or undertakings between the Parties relating to the
Compromise Settlement Agreement And Release Of
All Claims—Martha Aguilar v.CFW—Cause No. 141-325455-21 Page 3
subject matter.No oral understandings,statements,promises,or inducements contrary to the terms
of this Agreement exist. This Agreement cannot be changed orally, and any changes or
amendments must be signed by all Parties affected by the change or amendment.
9. Plaintiff, Martha Aguilar, 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 each of them by her attorney and that it is fully understood.
10. By her signature hereto, Martha Aguilar,Plaintiff represents and declares that she is more
than eighteen (18) years of age and fully competent to enter into this Compromise Settlement
Agreement and Release of All Claims,that the 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.
11. It is understood and agreed that this Agreement shall be governed by and construed and
enforced in accordance with, and subject to, the laws of the State of Texas, to the extent not
preempted by federal law.
12. This Agreement is the product of arm's-length negotiations between the Parties, and no
Party shall be deemed to be the drafter of any provision or the entire Agreement.The wording in
this Agreement was reviewed and accepted by all Parties after reasonable time to review with legal
counsel, and no Party shall be entitled to have any wording of this Agreement construed against
the other Party as the drafter of the Agreement in the event of any dispute in connection with this
Agreement.
This agreement should be effective as of the date the last party signature is affixed hereto
as indicated by the dates set forth below.
MARTHA AGUILAR, ftintiff
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Compromise Settlement Agreement And Release Of
All Claims—Martha Aguilar v.CFW—Cause No. 141-325455-21 Page:4
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared MARTHA
AGUIILAR,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 tree act and deed for purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ae7 day of
2022.
Notary P lic in and for the ate of T
y p�; BRIDGET ORTIZ
�r!:..
Notary Public,State of Texas
Comm.Expires 08-09.2025
W Notary ID 133256910
OFFICIAL IECORD
CITY SECI tETARY
FT. WO R H,TX
Compromise Settlement Agreement And Release Of
All Claims—Martha Aguilar v.CFW—Cause No. 141-325455-21 Page 5
APPROVED AS TO SIM099ZE AND FORMA 4
Date: cJ! 3 -----_-
R. RIEKER CARSEY
State Bar No. 2407566
RiekeriBlAnderson1niuryLaw.lorn
ANDERSON INJURY LA YERS
1310 W El Paso Street
Fort Worth,TX 76102
817/294-1900
817l294-3113 (fax)
ATTORNEY FOR PLAINTIFF
CITY OF FORT WORTH:
APPROVED:
eaz_ Date:X24I,Za22
Assistant City Manag+ar
CITY OF FORT WORTH
APPROVED AS TO FORM:
�ORT Date:
Siang-L.Sang ,p
Assista ttomey
ATTEST:
W*
Date: e>
i Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Compromise Settlement Agreement And Release Of
All Claims—Martha Aguilar Y.CF W—Cause No. 141-325455-21 Page 6