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HomeMy WebLinkAboutContract 58446 °` SECRETARY g CAUSE NO. 096-305188-18 TRACEY RENNE DANIEL § IN THE DISTRICT COURT Plaintiff § V. § 96TH JUDICIAL DISTRICT CHRISTINE GRADY AND § CITY OF FORT WORTH § Defendants § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Tracey Renne Daniel, Plaintiff in the above-entitled and numbered cause ("Plaintiff'), alleges that on or about December 25, 2016, she received personal injuries in an automobile accident when the vehicle she was operating was struck by a City of Fort Worth Police vehicle; WHEREAS, Plaintiff Tracey Renne Daniel further alleges that the negligence of the City of Fort Worth ("City" or "Defendant"), by way of its employee, Christine Grady, proximately caused the above-described accident; WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff Tracey Renne Daniel, 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 Tracey Renne Daniel's claims and cause of action; WHEREAS,Plaintiff Tracey Renne Daniel 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 Tracey Renne Daniel, and her attorney Matthew C. McKay, of Law Offices of Matthew C. McKay, P.C., the sum of Eighty-five Thousand Two Hundred Fifty Dollars ($85,250.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives,arising out of the accident described above and Plaintiff,Tracey Renne Daniel'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, Tracey Renne Daniel'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. OFFICIAL RECORD C_=__ RFC'" CITY SECRETARY '_ r °a?°r s 3 FT. VVORTH,TX 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 Tracey Renne Daniel agree that: 1. Tracey Renne Daniel, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Tracey Renne Daniel and her attorney, Matthew C. McKay, of Law Offices of Matthew C. McKay, P.C., the sum of Eighty-five Thousand Two Hundred Fifty Dollars ($85,250.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of Plaintiff Tracey Renne Daniel alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, Tracey Renne Daniel 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, Tracey Renne Daniel, might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 096-305188-18,in the 96th 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 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 hereinabove described. Tracey Renne Daniel promises to indemnify,defend and forever hold harmless the City of Fort Worth against any such claims ever asserted. 2. In consideration of the payment described above, Plaintiff, Tracey Renne Daniel, 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 Tracey Renne Daniel, or by anyone on her behalf, arising out of the above described incident. Plaintiff, Tracey Renne Daniel, further 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 and assigns, from any and all claims from any person or entity claiming to be entitled to any of the proceeds of this settlement or to any recovery, whatsoever, as a result of the accident mentioned above. 3. For the same consideration, Plaintiff, Tracey Renne Daniel, 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 December 25, 2016, made the basis of this litigation,have been or will be paid or compromised by Plaintiff, Tracey Renne Daniel, or Medicaid on behalf of Tracey Renne Daniel as further discussed below and Plaintiff, Tracey Renne Daniel, hereby agrees to defend, indemnify and hold harmless Defendant, City of Fort Worth, as well as its agents, employees, workers and representatives and any other person, corporation, association, partnership, or entity in privity with or connected with them, as well as any person, corporation, Compromise Settlement Agreement and Release of All Claims Cause No. 236-322185-20;Daniel v. City of Fort Worth Page 2 of 5 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 TRACEY RENNE DANIEL REPRESENTS THAT SOME OF HER MEDICAL BILLS HAVE BEEN PAID BY MEDICAID OR MEDICARE OR BY SOME AGENCY ASSOCIATED WITH MEDICAID OR MEDICARE SUCH AS, BUT NOT LIMITED.TO, AMERIGROUP OR MERIDIAN. TRACEY RENNE DANIEL AND HER UNDERSIGNED ATTORNEY, MATTHEW MCKAY OF THE LAW OFFICE OF MATTHEW MCKAY, PROMISE TO SATISFY ANY AND ALL CLAIMS EVER ASSERTED BY MEDICAID, MEDICARE OR SOME AGENCY ASSOCIATED WITH MEDICAID AND ANY OTHER PERSON OR ENTITY,WHATSOEVER, WHO MAY HAVE PAID, OR CLAIM TO HAVE PAID, ANY MEDICAL BILLS OR OTHER EXPENSES RELATED TO THE INJURIES ALLEGEDLY SUFFERED BY TRACEY RENNE DANIEL AS A RESULT OF THE ACCIDENT DESCRIBED ABOVE AND TO INDEMNIFY, DEFEND AND FOREVER HOLD HARMLESS THE CITY OF FORT WORTH, ITS AGENTS, EMPLOYEES, WORKERS AND REPRESENTATIVES AND ANY OTHER PERSON CPRPORATION,ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH THEM AS WELL AS ANY PERSON, CORPORTION,ASSOCIATION,PARTNERSHIP OR ENTITY THEY ARE OR MAY BE REQUIRED TO INDEMNIFY,DEFEND OR HOLD HARMLESS AGAINST ANY CLAIM EVER ASSERTED BY MEDICAID, MEDICARE, OR SOME AGENCY ASSOCIATED WITH MEDICAID, MEDICARE AND ANY OTHER PERSON OR ENTITY, WHATSOEVER,WHO MAY HAVE PAID OR CLAIM TO HAVE PAID ANY MEDICAL BILLS OR OTHER EXPENSES RELATED TO THE INJURIES ALLEGEDLY SUFFERED BY TRACEY RE,NNE DANIEL AS A RESULT OF THE ACCIDENT DESCRIBED ABOVE. IT IS THE INTENTION OF TRACEY RENNE DANIEL AND HER ATTORNEY, MATTHEW MCKAY, THAT THE TERMS OF THIS SETTLEMENT AGREEMENT AND RELESE OF ALL CLAIMS SHALL APPLY REGARDLESS OF WHAT THE FINAL AMOUNT PAID BY MEDICAID, MEDICARE OR ANY OTHER ENTITY TURNS OUT TO BE EVEN IF THAT AMOUNT IS GREATER THAN $8,838.66, WHICH IS WHAT THE PARTIES BELIEVE TO BE THE TOTAL AMOUNT PAID BY MEDICAID OR SOME ENTITY ASOCIATED WITH MEDICAID. IT BEING THE INTENTION OF THE PARTIES THAT THE CITY HAVE A FULL, COMPLETE AND UNCONDITIONAL RELEASE AND INDEMNITY. 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. Compromise Settlement Agreement and Release of All Claims Cause No. 236-322185-20;Daniel v. City of Fort Worth Page 3 of 5 5. Plaintiff Tracey Renne Daniel agrees to dismiss the cause of action in the above- entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Matthew C. McKay, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice,with respect to Tracey Renne Daniel's claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff Tracey Renne Daniel 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. 6. It is understood and agreed that all taxable court costs will be paid by the panty 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,Tracey Renne Daniel,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 her by his attorney and that it is fully understood. 9. By her signature hereto, Tracey Renne Daniel, Plaintiff, represents and declares that she 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 her 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. - ? 4 "—ICEYOtENNE DANIEL laintiff Date: Ot .e..► rZ' STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Tracey Renne Daniel,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 AND SEAL OF OFFICE this %day of 91022. MATMWMCKAY .&2/ ExO�A'NDNOld No Public in and for a tate of Texas Compromise Settlement Agreement and Release of All Claims Cause No.236-322185-20;Daniel v. City of Fort Worth Page 4 of 5 APPROVED: G Date: Qd , Attorne for Plaintiff Matthew C. McKay 0 Law Office of Matthew C. McKay, P.C. CITY OF FORT WORTH: APPROVED: / Gts�aNalo�K�-- Date: _ ��,��1I Assistant City Manager CITY OF FORT WORTH APPROVED: y o/ Date: Attorney for Defendant,-City of Fort Worth Harvey L. Frye Jr. Sr. Assistant City Attorney ATTEST: pfi All Date: JJ �e"tte S. Goodall, City Secretary M&C:_ N -A OFFICIAL RECORD 1295: CITY SECRETARY FT. WORTH,TX Compromise Settlement Agreement and Release of All Claims Cause No.236-322185-20;Daniel v. City of Fort Worth Page 5 of 5