HomeMy WebLinkAboutContract 50164 a 096-282354-15
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` a A. MACK, Individually and as § In the District Court
Representative of the Estate of §
GLORIA COPELAND MACK, §
Deceased, §
Plaintiff, §
§ for the 96th Judicial District
V. §
CITY OF FORT WORTH, §
Defendant. § of Tarrant County,Texas
COMPROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS
For the consideration described below, this Compromise Settlement Agreement
and Release of All Claims (the "Agreement") is hereby entered into by Plaintiff Roy A.
Mack, Individually and as Representative of the Estate of Gloria Copeland Mack,
Deceased(hereinafter referred to as "Releasor"). Releasor hereby agrees as follows:
A. CONSIDERATION AND RELEASE
Releasor agrees to accept a cash settlement paid by or on behalf of Defendant City
of Fort Worth in the total sum of $45,000 in full settlement, compromise, release,
discharge, and acquittance of any and all claims and demands, known or unknown, of
whatever kind or character, which Releasor, his heirs, successors, assigns and personal
representatives, or any of them, may now have or hereafter have against Defendant City
of Fort Worth, its insurers, heirs, successors, assigns, personal representatives, partners,
agents, attorneys, and any and all parties in privity with such organizations or individuals,
in their individual and representative capacities, (hereinafter collectively referred to as
"Released Parties")arising directly, indirectly, or in any other way om tffle matters, acts
OFFICIAL RECORD
CITY SECRETARY
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—Page 1 FT.Rbc,IW'-
events, and omissions set forth and alleged, or which could have been alleged by
Releasor in his pleadings in the above numbered and styled civil action made the basis of
this lawsuit (the "Claim"). This Release is intended to be the most comprehensive
possible, and includes any and all claims, known or unknown, which Releasor might have
against the Released Parties related to the Claim. This Release includes, but is not
limited to, any and all claims and demands for property damage of any kind, personal
injuries, physical pain and suffering, physical disability, mental anguish, breach of
contract, exemplary damages, statutory damages, attorneys' fees, and any and all other
loss, expense and/or detriment of whatever kind or character, present, past or future,
which Releasor may now have or hereafter have against Released Parties growing out of,
resulting from, giving rise to, or connected in any manner with the events, circumstances
and lawsuit herein described and all the alleged effects, damages and disabilities resulting
therefrom.
B. TAX TREATMENT
Released Parties make no representations or warranties to Releasor regarding the
income tax treatment of this settlement or any portion thereof and Releasor agrees that
any decision of the Internal Revenue Service with regard to the taxation of this settlement
is the responsibility of the Releasor and Releasor assumes all risks thereof.
C. ASSIGNMENT OF CLAIMS
It is warranted and represented that Releasor has not assigned any part of his
claim, in part or in whole, to any other person or any entity, except the assignment made
by Releasor to his undersigned attorneys.
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS,-,Page 2 1352810.1 2453.1
D. HEALTHCARE EXPENSES AND LIENS
It is expressly understood and agreed that Releasor has not incurred any healthcare
expenses as a result of the Claim, and there are no healthcare liens with respect to the
Claim.
E. MEDICARE SECONDARY PAYER
Releasor and his counsel acknowledge and agree that, because there are no
healthcare expenses as a result of the Claim, there is no need to comply with the
requirements of 42 U.S.C. § 1395y(b) and the rules and regulations adopted thereunder.
F. FINAL AGREEMENT
RELEASOR FURTHER WARRANTS AND REPRESENTS THAT HE HAS
ENTERED INTO THIS COMPROMISE SETTLEMENT AGREEMENT OF HIS OWN
FREE WILL AND IN ACCORDANCE WITH HIS OWN JUDGMENT, AND AFTER
CONSULTATION WITH HIS ATTORNEYS, AND THAT HE HAS NOT BEEN
INDUCED TO ENTER INTO THIS COMPROMISE SETTLEMENT AGREEMENT
BY ANY STATEMENT, ACT, OR REPRESENTATION OF ANY KIND OR
CHARACTER ON THE PART OF ANY OTHER PARTY. RELEASOR
UNDERSTANDS AND AGREES THAT THE CONSIDERATION RECITED IN THIS
AGREEMENT IS IN FULL AND COMPLETE SATISFACTION OF ANY CLAIMS
OR DAMAGES HE MAY HAVE AGAINST RELEASED PARTIES, AND THAT
RELEASOR WILL NOT RECEIVE ANY FURTHER CONSIDERATION OF ANY
TYPE FROM ANY OF THE RELEASED PARTIES.
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—Page 3 1352810.1 2453.1
G. NO ADDITIONAL PAYMENTS
IT IS THE INTENTION OF THE RELEASOR THAT THE RELEASED
PARTIES WILL NOT, AT ANY TIME, BE CALLED UPON TO PAY ANY
FURTHER SUM TO RELEASOR, OR ANYONE CLAIMING BY, THROUGH OR
UNDER RELEASOR, AS A RESULT OF THE CLAIMS OR SETTLEMENT OF THIS
LAWSUIT.
H. COUNSEL OF RECORD
The Releasor represents that Macdonald Devin, PC is the proper and only law firm
of record authorized to assert the claims asserted or assertable in the lawsuit, and there is
no other counsel currently or previously associated with this case on his behalf.
I. DISMISSAL WITH PREJUDICE
Releasor or his attorneys of record will execute an agreed order of dismissal with
prejudice contemporaneously with the execution of this agreement, with each party to
pay their own attorneys' fees and court costs.
J. NO ADMISSION OF LIABILITY
Releasor agrees and acknowledges that this settlement is being made by Released
Parties in order to avoid further trouble, litigation, and expense, and is the compromise of
doubtful and disputed claims, that none of the Released Parties admit liability for the
causes of action asserted by Releasor, and that Released Parties have at all times and still
do expressly deny any and all liability for the claims asserted against them in the above
numbered and styled civil action.
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—Page 4 1352810.1 2453.1
K. BINDING AGREEMENT
This Agreement and all of the terms herein are binding upon and inure to the
benefit of Releasor's respective heirs, successors, assigns and personal representatives.
M. PARTIAL INVALIDITY
Should any term or provision of this Agreement be declared invalid by any Court
of competent jurisdiction, Releasor and Released Parties intend that all other terms and
provisions of this Agreement shall remain valid and binding and have full force and
effect as if the invalid portion had not been included.
N. GOVERNING LAW
Releasor and Released Parties expressly agree that this Agreement is governed by,
and will be construed and enforced in accordance with Texas law.
Gnu. 2zo
SIGNED this day of-eeot..
Roy A.'Mack, Releasor
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS--Page 5 1352810.1 2453.1
APPROVED:
Bryan Rutherford
Texas Bar No. 2402 628
BRutherfordaMacdonaldDevin.com
Patrick F. Madden
Texas Bar No. 00787943
PMadden@MacdonaIdDevin.com
Macdonald Devin,PC
3800 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270-2130
214.744.3300 Telephone
214.747.0942 Facsimile
Attorneys for Plaintiff
STATE OF i R Y n i §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared Roy A.
Mack, known to me to be the individual whose name is subscribed hereinabove, and after
being duly sworn on his oath stated that he has read and fully understands the foregoing
Compromise Settlement Agreement and Release of All Claims, and that he has executed
same for the purposes and consideration and in the capacity therein stated.
SUBSCRIBED AND SWORN TO this "day of �n�ot 201f.
�.``a'v"n'�•,, JULIE ELLEN RITCN
I
Notary Public,State of Texas
�y +:' Comm. Expires 06-03-2020 �
Notary ID 2275941 Notal' Public, in and for the State of Texas
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 6 1352810.1 2453.1
APPROVED:
Date:
Susan Alanis
Assistant City Manager
/V. 2!2 Date:
Harvey L. Frye,Jr.
Assistant City Attorne
O�F°RT d'1�
Date:
Mary J. Kay S'
City Secretary
` �XAS
1295:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—Page 7 1352810.1 2453.1