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HomeMy WebLinkAboutContract 47754 P` r0 �.I fY SECRETAI CONTRACT NO CAUSE NO. 342-271672-14 c� I�OR� 0X. REGINA KAI FRANCES § IN THE DISTRICT COURT Plaintiff, § V. § 342'JUDICIAL DISTRICT NORMAN ABRAMS and § CITY OF FORT WORTH, § Defendants. § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Regina Kai Frances (hereinafter sometimes referred to as "Plaintiff') alleges that on or about January 1, 2013, she received personal injuries as a result of a motor vehicle accident when she was a passenger in a vehicle owned by the City of Fort Worth and operated by an employee of the City of Fort Worth; and WHEREAS, Plaintiff further alleges that negligence of the City of Fort Worth's employee proximately caused the above-described accident; and, WHEREAS, as a result of such accident and her alleged injuries and damages, Plaintiff filed suit 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; and, 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 jointly to Plaintiff and her attorneys, David S. Kohm & Associates, of the sum of Seventy OFFICIAL RECORD COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS CITY�CfETARY Thousand Dollars ($70,000.00) in full and final settlement of all claims arising out of the alleged injuries of Plaintiff, Regina Kai Frances; and, WHEREAS, even though City denies any liability of any kind on account of the alleged incident made the subject of Plaintiff's suit, City has agreed to the payment terms described above in compromise and settlement of disputed claims and in order to avoid further time consuming and costly litigation. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 1. That Regina Kai Frances, Plaintiff herein, for and in consideration of payment by the City of Fort Worth, jointly to Plaintiff, Regina Kai Frances, and her attorneys, David S. Kohm & Associates, of the sum of Seventy Thousand Dollars ($70,000.00) in full and final settlement of all claims arising out of the alleged injuries of Plaintiff, Regina Kai Frances, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff for herself, her representatives, successors and assigns, Plaintiff does hereby 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, or which could have been asserted, in Cause No. 342-271672-14, in the 342nd District Court of, Tarrant County, Texas, including, but not limited to, claims for physical pain and mental anguish, medical expenses (past and future), loss of earning capacity 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. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2 2. That in consideration of the 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 said 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 Plaintiff, or on her behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about January 1, 2013, 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. PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF PLAINTIFF, REGINA KAI FRANCES, 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, COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 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. 4. That 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 doubtful and disputed claims and that the payment made hereunder is not to be construed as admissions of liability on the part of the City of Fort Worth and, in fact, the City denies liability for the above-described accident, if any, and intends, by this settlement, merely to buy its peace. 5. That Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and she hereby authorizes and directs her attorneys, David S. Kohm & Associates, to approve an Agreed Order Of Dismissal, with prejudice, with respect to her claims and causes of action in the above entitled and numbered case. And, in this connection, Plaintiff 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. That 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 Page 4 7. That by his signature hereto, the undersigned, Seth McCloskey, attorney for Plaintiff, and his law firm, hereby release the City of Fort Worth, to the same extent Plaintiff has released the City of Fort Worth, from any cause or causes of action which said attorney or his law firm may have by virtue of assignment or otherwise arising out of the alleged incident made the basis of the above-entitled and numbered suit. 8. That 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. 9. That Plaintiff Regina Kai Frances 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 her attorney and that it is fully understood. 10. That, by her signature hereto, Regina Kai Frances 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 her 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 the respective signatures. .�7vA Regina Kai Frances Plaintiff l Date: COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Regifta--Ka�-- Frances, 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 her free act and deed for purposes and consideration therein expressed G/w/ 411e- C-1 114 "t 4 S4"- �e C/ GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2016. j Notary Public i and for the State of Texas RANDY H. MELTON vv4v Pie ii Notary Public, State of Texas M commission Expires Y P ,r June 10, 2918 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 6 APPROVED AS TO FORM AND SU\STANCE: k4-1 Date: ��D I '/ (o Setk-McCloskey 0c7,j,1 S. /�-oA David S. Kohm&Associates 1414 W. Randol Mill Rd. Arlington, TX 76012 Lit-efile(a�attorneykohm.com ATTORNEYS FOR PLAINTIFF APPROVED: Date: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: LZ—=::--� = & Date: Harvey L. Frye, Jr. Assistant City Attoey y_e ATTEST: ®FT S Date: ary J. Kqsdr, C' y Sec tary e � `f) M OFFICIAL RECORD CITY SECRETARY FT.WORTH COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS S g J7