HomeMy WebLinkAboutContract 57746 CSC REC D
IMACTNO.
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, Jeffrey Joyner, 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 Jeffrey Joyner 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 Jeffrey Joyner, 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 Jeffrey Joyner's claims and cause of action;
WHEREAS,Plaintiff Jeffrey Joyner 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 Jeffrey Joyner, and his attorney Amos S. Waranch, of Waranch &Nunn, PLLC, the
sum of Thirty-Two Thousand Dollars($32,000.00)in full and final settlement of all claims against
the City, its agents, employees, workers or representatives, arising out of the Plaintiff Jeffrey
Joyner'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 Jeffrey Joyner'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 Jeffrey Joyner agree that:
1. Jeffrey Joyner, Plaintiff herein, for and in consideration of payment by the City of
Fort Worth to Jeffrey Joyner and his attorney, Amos Waranch, of Waranch &Nunn, PLLC, the
sum of Thirty-Two Thousand Dollars($32,000.00)in full and final settlement of all claims against
the City, its agents,employees,workers or representatives,arising out of Plaintiff Jeffrey Joyner's
alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged
and confessed by Plaintiff, Jeffrey Joyner 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. Jeffrey Joyner,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, Jeffrey Joyner, 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 Jeffrey Joyner, or by anyone on his behalf,arising out
of the above described incident.
3. For the same consideration, Plaintiff, Jeffrey Joyner, 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 Jeffrey Joyner, and Plaintiff Jeffrey Joyner 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 JEFFREY JOYNER REPRESENTS THAT NONE OF THE
MEDICAL BILLS OF JEFFREY JOYNER HAVE BEEN PAID BY MEDICARE,
MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL
AGENCY. IF PLAINTIFF JEFFREY JOYNER IS MISTAKEN IN THIS REGARD AND
Compromise Settlement Agreement and Release of All Claims—Jeffrey Joyner
Joyner v. City of Fort Worth-Cause No. 236-322185-20 Page 2
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JE Y J / E laintiff
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared JEFFREY
JOYNER, 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 JV h-e- ,2022.
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[ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES]
OFFICIAL RECORD
CITY SECRETARY
Ft WORTHO TX
Compromise Settlement Agreement and Release of All Claims—Jeffrey Joyner
Joyner v. City of Fort Worth-Cause No.236-322185-20 Page 4
APPROVED: as to form only
Is/Amos S. Waranch Date: 6/16/22
Attorney for Plaintiff
Amos Waranch
Waranch&Nunn,PLLC
CITY OF FORT WORTH:
"PROVED:
Date:
Assistant City Manager
CITY OF FORT WORTH
APPROVED:
Date: Z—
Attorney for Defendaq�, City of Fort NYA�1-vm�v-r
Harvey L.Frye Jr. fQR°
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Sr.Assistant City Attorney
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ATTEST:
g4-.2 Date: (6 / ,Uc)/?—O?.Z.
tiaette S. Goodall,City Secretary
OFFICIAL
OFFICIAL RECORD
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CITY SECRETARY
WOR-TH,TX
Compromise Settlement Agreement and Release of All Claims—Jeffrey Joyner
Joyner v, City of Fort Worth-Cause No.236-322185-20 Page 5