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0 CITY SECRETARY
CONTRACT N0.. &25
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CAUSE NO. 2015-001880-2
�l 8 A. NEWSOM, § IN THE COUNTY COURT AT LAW
It Plaintiff, §
VS. § TARRANT COUNTY,TEXAS
CITY OF FORT WORTH, §
Defendant. § COURT NUMBER TWO
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
WHEREAS, Patricia Newsom (hereinafter sometimes referred to as "Plaintiff') in the
above-entitled and numbered cause, alleges that on or about July 17, 2014, she was a pedestrian
who received personal injuries when she was struck by a vehicle owned by the City of Fort
Worth, in Fort Worth, Tarrant County, Texas; and
WHEREAS, Plaintiff further alleges that negligence of the City of Fort Worth
(hereinafter sometimes referred to as "City"), along with the negligence of its employee,
proximately caused the above-described incident; and,
WHEREAS, as a result of such incident and injuries and damages allegedly suffered by
Plaintiff, suit has been 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;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 incident in consideration of payment by the City
jointly to Plaintiff and her attorney, Maria Orozco, of the sum of FORTY THOUSAND
($40,000.00) AND 00/100 DOLLARS, which sum includes Plaintiff's B1ueCross BlueShield of
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS ®FFICIA�aM�%,
CITY SECRETARY
LFT.WCRTNo TX
Texas lien in the amount of$240.41, in full and final settlement of all claims arising out of the
alleged injuries of Plaintiff Patricia Newsom; and,
WHEREAS, even though the City denies any liability of any kind regarding 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 in order to avoid further time-consuming
and costly litigation.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
1. That Patricia Newsom,Plaintiff herein,for and in consideration of payment by the
City of Fort Worth,jointly to Plaintiff Patricia Newsom and her attorney, Maria E. Orozco of the
firm Ben Abbott & Associates, PLLC, in the amount of FORTY THOUSAND ($40,000.00)
AND 00/100 DOLLARS, which sum includes Plaintiff's BlueCross BlueShield of Texas lien in
the amount of$240.41, as well as any and all other liens and subrogation claims of any nature, in
full and final settlement of all claims arising out of the alleged injuries of Plaintiff Patricia
Newsom. The receipt and sufficiency of such consideration being hereby acknowledged and
confessed, Plaintiff, for herself, her heirs, representatives, successors and assigns, 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 including, but not limited to, all
claims heretofore asserted or that could have been asserted in Cause No. 2015-001880-2,
pending in County Court at Law No. 2 of Tarrant County, Texas, including claims for physical
pain and mental anguish, medical expenses (past and future), loss of earning capacity and any
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2
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;
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. That, 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 July 17, 2014, 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, 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 as well as any and all subrogation liens and claims ever
asserted by any person or entity as a result of the alleged injuries to Plaintiff allegedly resulting
from the accident made the basis of this lawsuit. In this regard, without limiting the foregoing
promise to defend, indemnify and hold harmless, Plaintiffpromises that she will satisfy that lien
in favor of BlueCross BlueShield of Texas bearing Event Number HCSC 9790789, and will
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3
provide Defendant with proof that such lien is satisfied. To that end, Plaintiff will provide
Defendant with a copy of the transmittal letter forwarding payment to BlueCross BlueShield of
Texas, along with proof of transmittal, such as a return receipt or similar document, a copy of
Plaintiff's or Plaintiffs attorney's check to BlueCross BlueShield of Texas for satisfaction of the
lien, and a copy of the cancelled check satisfying the lien. PLAINTIFF REPRESENTS THAT
NONE OF THE MEDICAL BILLS OF PLAINTIFF, PATRICIA NEWSOM, HAVE BEEN
PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI-
GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND
MEDICARE, MEDICAID OR SOME OTHER GOVERNMENTAL OR QUASI-
GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF WILL
FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE, MEDICAID 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 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 an admission of liability on the part of the City
of Fort Worth and, in fact, the City denies liability for the above-described incident, if any, and
intends by this settlement to merely buy its peace;
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4
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 attorney, Maria E.
Orozco, to approve an Agreed Order of Dismissal, with prejudice, with respect to her claims and
causes of action in the above-entitled and numbered cause. 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;
7. 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;
8. That Plaintiff Patricia Newsom 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; and
9. That, by her signature hereto, Patricia Newsom 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.
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5
This agreement shall be effective as of the date the last party's signature is affixed hereto
as indicated by the dates set forth below the respective signatures.
)air.
Patricia Newsom
Plaintiff
Date:,, Lu-1 e ,
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Patricia
Newsom, 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 c _ day of
-2017-
DEBBIE
2017_DEBBIE R ARNEY
Notary 10#9189744 Notary Public in and for
My Commission Expires The State of Texas
E.b March 11,2018
APPROVED—AS;fO—TOAA
M bi (A &M,
NIARIA E. OROZCO
Ben Abbott&Associ ,PLLC
1934 Pendleton Drive
Garland,Texas 75041
ATTORNEY FOR PLAINTIFF
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 6
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APPROVED:
Date:
Assistan City Manager
CITY OF FORT WORTH
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Harvey L. Frye, Jr.
Senior Assistant City Attorney
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Date:
My J. KaT,, C SUcretary
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 7