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HomeMy WebLinkAboutContract 49476 CITY SECRETARY CAUSE NO. 236-284521-16 CONTRACT NO. �" BRANDI HOYLE,INDIVIDUALLY § IN THE DISTRICT COURT AND AS NEXT FRIEND OF DAVID § HOYLE, and DESIREE HARRIS, § Plaintiffs, § § TARRANT COUNTY, TEXAS VS. § CITY OF FORT WORTH, § Defendant. § 236TH JUDICIAL DISTRICT COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I.RECITALS WHEREAS, in the above numbered and entitled cause, David Hoyle, a minor, by and through his Next Friend, Brandi Hoyle (hereinafter "Plaintiff") has sued the City of Fort Worth, (hereinafter referred to as "Defendant" or "City") in the 236th District Court of Tarrant County, Texas; and WHEREAS, Plaintiff alleges that on or about August 31, 2014, he received personal injuries in an automobile accident when the vehicle he was occupying was struck by a City of Fort Worth Police vehicle; and WHEREAS, Plaintiff further alleges that the negligence of the City of Fort Worth, by way of its employee,proximately caused the above-described accident; and WHEREAS, the Plaintiff and the Defendant desire to and have agreed to compromise and settle all claims arising out of the automobile accident of August 31, 2014 as referenced in Plaintiff's Original Petition filed against the City in the above-entitled and numbered cause, reference being made to the pleadings on file in said cause for a full description of said transactions and allegations of Plaintiff against Defendant; and WHEREAS, the parties have agreed to settle the lawsuit as follows and do bind themselves to this agreement in compromise and settlement of any and all issues between them. II. TERMS NOW, THEREFORE, in consideration of the recitals set forth above, the mutual miser and agreements made herein, and other valuable consideration, the receipt and �Z -34 c 9cy of which is acknowledged, the City and Plaintiff agree that: R ' 1.j Plaintiff agrees to release, settle, compromise and discharge Defendant as set out QR�GE� e,I n; D dant agrees to pay to or on behalf of Minor Plaintiff, David Hoyle, the sum of Chi g`NN OFFICIAL RECORD CITY SECRETARY e8 9 FT. WORTH,TX $1,000.00. Payment of$1,000.00 will be made to Brandi Hoyle, as Next Friend of David Hoyle, a minor, and his attorney Larry Rolle, of the law firm ROLLE, MADDEN, & BREELAND, with attorneys' fees, legal expenses, and medical expenses to be paid out according to the form attached and annexed hereto as Exhibit"A." 2. In consideration of the terms and provisions of this settlement agreement and release, as herein stated, and upon the dismissal of this lawsuit by the 236th District Court of Tarrant County, Texas, Plaintiff agrees and does hereby release, acquit and forever discharge Defendant, the City of Fort Worth, and its employees, attorneys, and council members, in their official and individual capacities, including their successors and assigns, from any and all claims, demands, suits, debts, promises, damages, judgments, executions, guaranties or warranties whatsoever in law or in equity, actions and causes of action of whatever kind and character whether in contract or in tort, known or unknown, presently existing or which might ever accrue to Minor Plaintiff, David Hoyle arising out of or having to do with the claims, causes of action or allegations described in Plaintiff's pleadings of any claims, demands, suits, debts, promises, damages, judgments, executions, guaranties or warranties whatsoever which might arise as a result of any actions or conduct of the City of Fort Worth. 3. For the same consideration as herein set out, Brandi Hoyle, as Next Friend of David Hoyle, a minor, does in her representative capacity, her heirs, executors, administrators, successors and assigns, hereby release, acquit and forever discharge Defendant, City of Fort Worth, and its employees, attorneys, and council members, in their official and individual capacities, including their successors and assigns, from any and all claims, demands, attorney's fees, penalties, actions and causes of action of whatever kind and character, whether in contract or in tort, known or unknown, presently existing or which may accrue in the future, arising as described in Plaintiff's Original Petition, in regards to David Hoyle, in the lawsuit being Cause No. 236-284521-16, in the 236th District Court of Tarrant County, Texas. 4. This Release is intended to extinguish any and all debts, obligations or causes of action existing between Minor Plaintiff David Hoyle and Defendant concerning the lawsuit being Cause No. 236-284521-16, in the 236th District Court of Tarrant County, Texas. 5. It is the intention of Plaintiff and Defendant that this release shall be effective as a full and final accord and satisfaction and as a bar to all actions, causes of action, costs, expenses, attorney's fees, damages, claims, and liabilities whatsoever, whether or not known, suspected, claimed or concealed. Plaintiff expressly waives and relinquishes any and all rights and benefits which Plaintiff may have under Texas and Federal statute or common law principal,to the fullest extent that Plaintiff may lawfully waive such rights or benefits pertaining to the release of claims against Defendant. In connection with such waiver and relinquishment, Plaintiff acknowledges that he is aware that he may hereafter discover claims, liens, or facts in addition to or different from those which he now knows or believes to exist with respect to the subject matter of this release, but it is his intention to fully, finally and forever settle and release all of the disputes and differences known or unknown, suspected or unsuspected which do now exist, which may exist in the future, or have existed between Plaintiff and Defendant arising out of or in connection with the released claims. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE-CAUSE NO.236-284521-16 Brandi Hoyle, as Next Friend of David Hoyle, a Minor PAGE 2 6. Brandi Hoyle warrants and represents that she is the natural parent, guardian and next friend of the Minor Plaintiff, David Hoyle, and no other party or entity owns or holds any claim or cause of action by, for or through the minor Plaintiff regarding the circumstances arising from the matters contained in this Release and Settlement Agreement. Brandi Hoyle represents and testifies that this settlement and agreement is in the best interest of the Minor Plaintiff, David Hoyle. 7. Brandi Hoyle, in her representative capacity, does for the minor Plaintiff, and his successors, heirs, executors, administrators, representatives, insurers, agents, and assigns, covenants and agrees that he will not institute any suit or action, or prosecute or in any manner voluntarily aid in the institution or prosecution of any claim, demand, suit, action or cause of action, State or Federal, against Defendant, City of Fort Worth, and its employees, attorneys, and council members, in their official and individual capacities, including their successors and assigns, with respect to any matter, cause or thing whatsoever arising out of, based in whole or in part upon, relating to, or existing, by reason of the transaction, events, occurrences, acts, omissions or failures to act, of whatever kind or character whatsoever, alleged or which could have been alleged, in this litigation with regards to David Hoyle. 8. The purpose of this Agreement is to accomplish the compromise and settlement of disputed and contested claims, and nothing in this agreement shall be construed as an admission by any party to this agreement of any liability of any kind to any other party to this agreement. Defendant denies the allegations set out in the Plaintiff's Original Petition and further denies Defendant is liable to Plaintiff in any respect whatsoever. 9. Brandi Hoyle, as Next Friend to Minor Plaintiff, David Hoyle declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by Plaintiff, or on Plaintiff's behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about August 31, 2014, made the basis of this litigation, has been or will be paid or compromised by Plaintiff, and 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 DAVID HOYLE 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. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE-CAUSE NO.236-284521-16 Brandi Hoyle, as Next Friend of David Hoyle, a Minor PAGE 3 PLAINTIFF ALSO REPRESENTS THAT HE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY PLAINTIFF WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 10. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter,with prejudice, and hereby authorizes and directs his attorney, Larry Rolle,to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to David Hoyle's claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff and his 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. 11. This Agreement and the attached Exhibit shall be governed by, interpreted, and enforced in accordance with the laws of the State of Texas applied to contracts made in Texas to be wholly performed in Texas by Texas domiciliaries. 12. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 13. By his signature hereto, the undersigned, Larry Rolle, attorney for minor Plaintiff David Hoyle, and his law firm, hereby release the City of Fort Worth to the same extent Plaintiff has released them, 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. 14. This Agreement and the attached Exhibit constitute the complete expressions of the terms of the settlement. All prior and contemporaneous agreements, representations, and negotiations are superseded. 15. If any provision of this Agreement is illegal or unenforceable, then that provision shall be deemed stricken and all remaining provisions shall remain in force and effect. 16. 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. 17. Brandi Hoyle, as Next Friend to Minor Plaintiff, David Hoyle 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 Plaintiff's attorney and that it is fully understood. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE-CAUSE NO.236-284521-16 Brandi Hoyle, as Next Friend of David Hoyle, a Minor PAGE 4 This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below. EXECUTED on this the (-5 "—day of , 2017. BRANDI HOYLE, s)kext Friend of DAVID HOYLE, a Minor THE STATE OF TEXAS § b4kLP6 § COUNTY OF T -A�dT § This instrument was acknowledged before me on the f�day o , 2017 by BRANDI HOYLE as Next Friend of DAVID HOYLE, a Minor. Notary Public in and Mr the uate of Texas APPROVED AS TO SUBSTANCE AND FORM: �- ' Date: Larry Rolle v ROLLE, BREELAND & WINGLER 2030 Main Street, Suite 200 Dallas, TX 75201 larryrgrbrl.coni ATTORNEY FOR PLAINTIFF COMPROMISE SETTLEMENT AGREEMENT AND RELEASE-CAUSE NO.236-284521-16 Brandi Hoyle, as Next Friend of David Hoyle, a Minor PAGE 5 CITY OF FORT WORTH: APPROVED: Date: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Date: Benja ' J. Sampract Assistant City Attorney FOR A. O� ATTEST: /' 0: _ TEXAS Date: Mary J. K it ec etary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. e4J4 A Date: OFFICIAL UECORD CITY�lacmT [FT. WORT O Tx COMPROMISE SETTLEMENT AGREEMENT AND RELEASE-CAUSE NO.236-284521-16 Brandi Hoyle, as Next Friend of David Hoyle, a Minor PAGE 6 EXHIBIT A Cause No. 236-284521-16 Disbursement of Settlement Funds Re: David Hoyle, a Minor, by and through his Next Friend, Brandi Hoyle FEES AND EXPENSES AMOUNT Settlement Amount $ 1,000.00 Attorney's Fees 30% $ (300.00) Medical Expenses: Texas Workers Rehab $ (50.00) Healthcare Lien $ (70.92) Standard Litigation Case Fee waived $ - Case Expenses (Non Taxable& Court Costs) $ (116.74) TOTAL AMOUNT DUE TO PLAINTIFF, $ 462.34 Brandi Hoyle, as Next Friend of David Hoyle,a Minor