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Home My WebLink AboutContract 49946 AW qql�L CAUSE NO. 067-285346-16 CONTRACT N Q C1tY OF FOPt�iA� "J �y �&HERT DOMINGUEZ, § IN THE DISTRICT COURT ��<< Ot 6 9 aintiff, § V. § 67TH JUDICIAL DISTRICT CITY OF FORT WORTH, § Defendant. § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Alberto B. Dominguez (hereinafter sometimes referred to as "Plaintiff'), in the above-entitled and numbered cause, alleges that on or about May 24, 2014, he received personal injuries when a City vehicle turned into his lane of travel, striking his vehicle 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 accident; and, WHEREAS, as a result of such accident 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 he 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 OFFICIAL RECORD COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS CITY SER9TARY FT.WORTH,TX jointly to Plaintiff and her attorney, Larry Rolle, of the sum of Twenty Thousand Dollars ($20,000.00) in full and final settlement of all claims arising out of the alleged injuries of Plaintiff,Alberto B. Dominguez; 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. 1. Alberto B. Dominguez, Plaintiff, for and in consideration of payment by the City of Fort Worth,jointly to Plaintiff, Alberto B. Dominguez, and his attorney, Rick L. Powell, of the sum of Forty-two Thousand Dollars ($42,000.00) in full and final settlement of all claims arising out of the alleged injuries of Plaintiff, Alberto B. Dominguez, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff for himself, his 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 including, but not limited to, all claims heretofore asserted or that could have been asserted in Cause No. 067-285346-16, in the 67h District Court, Tarrant County, Texas, including 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 him arising from the incident hereinabove described. 2. 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2 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 his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about May 24, 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. PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF PLAINTIFF, ALBERTO B. DOMINGUEZ, 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 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. 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 admissions 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. 5. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and he hereby authorizes and directs his attorney, Rick L. Powell, to approve an Agreed Order Of Dismissal, with prejudice, with respect to his claims and causes of action in the above entitled and numbered case. 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. 6. It is understood and agreed that all taxable court costs will be paid by the party 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 Alberto B. Dominguez represents and acknowledges that this Compromise Settlement Agreement And Release of All Claims has been read in its entirety COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4 before signing and that it has been fully explained, in detail, to him by his attorney and that it is fully understood. 9. By his signature hereto, Alberto B. Dominguez represents and declares that he 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 his 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. This agreement shall be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below the respective signatures. Hl)crfio , 4an))iZ--� Alberto B. Dominguez Plaintiff Date: l RicV L. Powell Attorney for Plaintiff OFFICIAL RECORD COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS CITY SECRET FT.WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Alberto B. Dominguez, 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 his free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �d day of AugMt, 2017. Notary Public in and or th tate of Texas CHRISTINA GONZALES Notary ID # 11861229 My Commission Expires sr1��,!5 February 8,2020 OFFICIAL RECO ` CITY SECRETARY COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FT.WORTHS Ti ag6 I APPROVED: Date: Assistant City Manager CITY OF FORT WORTH Date: Harvey L. Frye, Jr. Assistant City Attomey ATTEST: 0 R,7r* 0 0 Date: ( ` Mary J. Kayser, City Secretary TE XkN M&C: 1295: N(� OFFICIAL RECORD COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS' CITY SECRETARY lage 7 FT.WORTH,TX I