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HomeMy WebLinkAboutContract 57992 CITY SECRETARYr� C-3V(TRACT N0. D 7 9 9 a CAUSE NO. 067-323889-21 ARTEMIO GARZA-MORALES; § IN THE DISTRICT COURT OF AND BERTA WALLE DE GARZA; § Plaintiffs, § VS. § TARRANT COUNTY,TEXAS CITY OF FORT WORTH; § Defendant. § 67Tn JUDICIAL DISTRICT PLAINTIFF ARTEMIO GARZA-MORALES' COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I.RECITALS WHEREAS,Artemio Garza-Morales,Plaintiff in the above-entitled and numbered cause, alleges that on or about August 28,2019, she received personal injuries in an automobile accident when his 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 Armando Reyna,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 Plaintiff's 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 Artemio Garza-Morales, and his attorneys John C. Nohinek and Shelly Greco, of the Witherite Law Group,PLLC,the sum of Two Hundred Ten Thousand and No/100 Dollars ($210,000.00)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 of the alleged incident made the subject of Plaintiff's suit, the City has agreed to the payment terms described CS-0 REUD OFFICIAL RECORD € r� 7'21 TARP L e k ;� CITY SECRE �. C.,R FT. WORTH,TX y2a-3=r t R. tiE;�.4: 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 agree that: 1. Artemio Garza-Morales, Plaintiff herein, for and in consideration of payment by the City to Plaintiff Artemio Garza-Morales, and his attorneys John C.Nohinek and Shelly Greco, of the Witherite Law Group,PLLC, the sum of Two Hundred Ten Thousand and No/100 Dollars ($210,000.00) 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,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. 067-323889-21, in the Judicial District Court,67th 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, lost wages (past and future), loss of earning capacity(past and future) and any other kind, character or nature of damage which could or might be the subject of a claim by his 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 his 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 his, or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about August 28, 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. Compromise Settlement Agreement And Release Of All Claims—Artemio Garza-Morales—Cause No. 067-323889-21 Page 2 4. Taxes. The Parties will report,as maybe required bylaw,their respective payments and receipt of the amounts described herein. Plaintiff and his attorneys acknowledge and agree that: (1)the City and its counsel have made no representations to Plaintiff or his counsel regarding the tax consequences of the payments made to his or to his attorneys under this Agreement; and (2) Plaintiff and his attorneys are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and his attorneys 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 ARTEMIO GARZA-MORALES 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 HIM 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 his attorneys,John C.Nohinek and Shelly Greco, 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 his attorneys 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 Compromise Settlement Agreement And Release Of All Claims—Artemio Garza-Morales—Cause No. 067-323889-21 Page 3 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 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, Artemio Garza-Morales, 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 his attorney and that it is fully understood. 10. By his signature hereto, Artemio Garza-Morales, 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 him 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 arms-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. ARTEMIO GARZA-MORALES,Plaintiff Date: OFFICIAL RECORD CITY SECRETARY Compromise Settlement Agreement And Release Of FT. WORTH,TX All Claims—Artemio Garza-Morales—Cause No.067-323889-21 age STATE OF TEXAS § COUNTY OF�'� § BEFORE ME, the undersigned authority, on this day personally appeared ARTEMIO GARZA-MORALES,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 his free act and deed for purposes and consideration therein expressed- GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of zozz. Notary PiMc W1 and for the State of Texas CATHERINE VICTORIA CHAVEZ Notary Public,State of Texas Comm.Expires 08 06-2022 Notary ID 131670896 rnt<< OFFICIAL RECC)R® CI`V SECRETARY I°T. WORTH, TX Compromise Settlement Agreement And Release Of All Claims—Artemio Garza-Morales—Cause No.067-323889-21 Page 5 APPROVED AS TO FO : Date: 8-3-2022 JOHN NC; 1NEK State Bar 00794379 John.NohinekQewlaw ey rs.com SHELLY GRECO State Bar No. 24008168 shelly.greco@Lwitlieritelaw.com WITHHRITE LAW GROUP 901 W Vickery Blvd.,Suite 900 Fort Worth,TX 76104 817/263-4466 817/263-4477(fax) ATTORNEYS FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: n / un.••l(.�[.--- Date: 8/l f zozz Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: c V OR 8.17.22 lv % Date: L M.Winter Senior Assistant City Attom r ATTEST: CC' Secretary x.a. Date: �1-712o ZZ Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all perfonnance and reporting requirements. Date: 08/09/2022 u Yolanda Fouche OFFICIAL. RECORD Compromise Settlement Agreement And Release Of CITY SECRETARY All Claims—Artemio Garza-Morales—Cause No.067-323889-21 F�• ill/ Z�M TX