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HomeMy WebLinkAboutContract 58024 CITY SECRETARY CONTRACT NO. a CAUSE NO.352-331595-22 KAITLYN FLOREs § IN THE DISTRICT COURT Plaint § v § § TARRANT COUNTY,TExAs CITY OF FORT WORTH, § Defendant. § § 352ND JUDICIAL DISTRICT COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I.RECITALS WHEREAS,Kaitlyn Flores, Plaintiff in the above-entitled and numbered cause, alleges that on or about August 15, 2020, 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 Thomas Perez,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 Kaitlyn Flores,and her attorney,Rachel Montes,of the Montes Law Group,PC,the sum of Ninety- Seven Thousand,Five Hundred and 00/100 Dollars ($97,500.00)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 Plaintiffs 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. CSD REVD FT, v�►.�ik. 31JG 18!22 PM3:49 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. Kaitlyn Flores,Plaintiff herein, for and in consideration of payment by the City to Plaintiff Kaitlyn Flores,and her attorneys,Rachel Montes,of the Montes Law Group,PC,the sum of Ninety-Seven Thousand, Five Hundred and 00/100 Dollars ($97,500.00) in full and final settlement of all claims against the City,its agents,employees,workers or representatives,arising out of Plaintiffs alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff,does for himself,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. 352-331595-22, in the 352nd Judicial 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 him 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 him, or on her behalf,or in any way pertaining to or arising out of the injury that allegedly occurred on or about August 15, 2020, 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 attorneys acknowledge and agree that:(1)the City and its counsel have made no representations to Plaintiff or her counsel regarding the tax consequences of the payments made to him or to her attorneys under this Agreement;and Compromise Settlement Agreement And Release Of All Claims—Kaitlyn Flores Page 2 (2)Plaintiff and her attorneys are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and her 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 KAITLYN FLORES 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-GOVERNMI+;NTAL 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 parties acknowledge that there is no factual or legal basis for the recovery of punitive or exemplary damages by Plaintiff. The parties presently intend and contemplate that the Settlement Amount paid to her pursuant to this Agreement is for damages received on account of personal physical injuries or physical sickness within the meaning of Section 104(a)(2)and Section 130 of the Internal Revenue Code of 1986, as amended, and no part of the Settlement Amount represents punitive damages,exemplary damages,pre judgment interest or post judgment interest. 6. 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. 7. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Rachel Montes, of the Montes Law Group, PC 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 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. 8. It is understood and agreed that all taxable court costs will be paid by the party incurring same. Compromise Settlement Agreement And Release Of All Claims—Kaitlyn Flores Page 3 9. 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 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. 10. Plaintiff, Kaitlyn Flores, 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. 11. By her signature hereto,Kaitlyn Flores,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. 12. 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. 13. 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. (signature page follows) Compromise Settlement Agreement And Release Of All Claims—Kaitlyn Flores Page 4 A n bff� JAITLYN LORE ,Plaintiff Date: 7� STATE OF TEXAS § COUNTY OF -rw-atnfi § BEFORE ME, the undersigned authority, on this day personally appeared KAITLYN FLORES,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 free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND SEA OF 1=FICE this / day of 2022. .1 J _41r.Pw� SANG GEON LEE � My Notary iU#1280523 � +" Expires September 16,2 .5 otar in and for the. a ,;.o1.f�.: CITY OF FORT WORTH: APPROVED: 6a,Io.�i aL== Date: 4/26" Assistanf City Manager CITY OF FORT WORTH APPROVED AS TO FORM: ?�'L (.lJ� F p R 7,` Date: 8.16.22 M. Winter Senior Assistant City Attorney ATTEST: t, Date: )ya`te�cretary� OFFICIAL RECORD Compromise Settlement Agreement And Release Of CITY SECRETARY All Claims—Kaitlyn Flores FT §TH,TX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including Aensuring all performance and reporting requirements. �L44,t_ 0 mid/ � Date: IF 1-0 2— Deirdre O'Neal-Mills I OFFICIAL RECORD Carr SECRETARY Compromise Settlement Agreement And Release Of FT. WORTH,TX All Claims—Kaitlyn Flores Pa e 6