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HomeMy WebLinkAboutContract 57745 Cs0 REUD CITY SECRETARY CAUSE NO.236-322185-20 JEFFREY JOYNER,AND § IN THE DISTRICT COURT THERESA JOYNER,AND § ROY HAMILTON, § Plaintiffs § V. § 236TH JUDICIAL DISTRICT JAVIER ESCOBAR AND § THE CITY OF FORT WORTH § Defendants § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Roy Hamilton, Plaintiff in the above-entitled and numbered cause ("Plaintiff'), alleges that on or about April 9, 2019, he received personal injuries in an automobile accident when the vehicle he was a passenger in was struck by a City of Fort Worth Water Department vehicle; WHEREAS, Plaintiff Hamilton 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 Hamilton, 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 Plaintiff Hamilton's claims and cause of action; WHEREAS,Plaintiff Hamilton 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 Roy Hamilton, and his attorney Amos S. Waranch, of Waranch&Nunn,PLLC,the sum of Thirty Thousand Dollars($30,000.00)in full and final settlement of all claims against the City, its agents, employees,workers or representatives, arising out of the Plaintiff Hamilton's 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 Hamilton'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. 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 Hamilton agree that: 1. Roy Hamilton, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Roy Hamilton and his attorney, Amos Waranch, of Waranch &Nunn, PLLC, the sum of Thirty Thousand Dollars ($30,000.00) in full and final settlement of all claims against the City, its agents, employees,workers or representatives, arising out of Plaintiff Hamilton's alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff Hamilton, 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 Hamilton might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 236-322185-20, in the 236th 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 payment described above, Plaintiff Hamilton 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 Hamilton, or by anyone on his behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff Hamilton 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 April 9, 2019, made the basis of this litigation. have been or will be paid or compromised by Plaintiff Hamilton, and Plaintiff Hamilton 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 HAMILTON REPRESENTS THAT NONE OF THE MEDICAL BILLS OF ROY HAMILTON HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF HAMILTON IS MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF HAMILTON WILL FULLY SATISFY Compromise Settlement Agreement and Release of All Claims—Roy Hamilton Joyner v. City of Fort Worth-Cause No.236-322185-20 Page 2 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, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH 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 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. Plaintiff Hamilton agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and hereby authorizes and directs his attorney, Amos Waranch, to prepare and file the appropriate Motion and Order of Dismissal,with prejudice,with respect to Roy Hamilton's claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff Hamilton and his 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. 8. Plaintiff, Roy Hamilton, 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 him by his attorney and that,it is fully understood. 9. By his signature hereto, Roy Hamilton,Plaintiff,represents and declares that he 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 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 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 party signature is affixed hereto as indicated by the dates set forth below. Compromise Settlement Agreement and Release of All Claims—Roy Hamilton Joyner v. City of Fort Worth-Cause No. 236-322185-20 Page 3 R4 rIHIA:: Plaintiff Date: "I LI w C. STATE OF, § COUNTY OF� § BEFORE ME, the undersigned authority, on this day personally appeared ROY HAMILTON, 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 4 day of 2022, Nd RAQUEL JEANINE GANT Notary Public•Notary Seal St.Louis City•State of Missouri Commission Number 21023293 My Commission Expires Apr 14,2025 N tary li 1 d for th t e of TAX6& AA-tss4w [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGESI N L RECORDCRETARYRTH, TX Compromise Settlement Agreement and Release of All Claims—Roy Hamilton Page 4 Joyner v. City of ror! lyartla-Cause No.236-322185-20 - o�.r.Scanned with CamScanner � . ... APPROVED: as to form only /s/Amos S. Waranch Date: 6/16/2022 Attorney for Plaintiff Amos Waranch Waranch&Nunn, PLLC CITY OF FORT WORTH: APPROVED: - Date: Z ZZ Assistant City nager CITY OF FOR WORT APPROVED: Date: Attorney or Defend , City of Fort Worth Harvey L. Frye Jr. ¢�z,. Sr. Assistant City Attorney ., . {; , 0 " ATTEST: P C� •; , zc; . .• Date: t2/a9 em zz Jan e S. Goodall, City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Compromise Settlement Agreement and Release of All Claims—Roy Hamilton Joyner v. City of Fort Worth-Cause No. 236-322185-20 Page 5