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CONTRACT NO. D L
CAUSE NO. 236-291561-17
FELICIA PARKER BAILEY AND § IN THE DISTRICT COURT
JASMIN PARKER §
Plaintiffs §
V. § 236TH JUDICIAL DISTRICT
CITY OF FORT WORTH §
Defendant § TARRANT COUNTY, TEXAS
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
I. RECITALS
WHEREAS, Felicia Parker Bailey, a Plaintiff in the above-entitled and numbered cause
("Plaintiff'), alleges that on or about August 9, 2016, she received personal injuries and property
damage in an automobile accident when the vehicle she was operating was struck by a City of
Fort Worth vehicle;
WHEREAS, Plaintiff further alleges that the negligence of the City of Fort Worth
("City" or "Defendant"), by way of its employee, proximately caused the above-described
accident;
WHEREAS, as a result of such accident, injuries and damages allegedly suffered by
Plaintiff, suit was 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;
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
to Plaintiff Felicia Parker Bailey, and her attorney Bryan A. Green, of the law firm Baron &
Budd, P.C., the sum of Two Hundred and Forty Thousand and No/100 Dollars ($240,000.00) in
full and final settlement of all claims against the City, its agents, employees, workers or
representatives, arising out of the Plaintiff's alleged injuries and property damage; and
WHEREAS, even though the City denies any liability of any kind on account of the
alleged incident made the subject of Plaintiff's suit, the City has agreed to the payment terms
S2 above in compromise and settlement of the disputed claims and in order to avoid
P furtr onsuming and costly litigation.
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C1NQ O ISE LEMENT AGREEMENT AND RELEASE OF ALL CL Wf6JyW " LEY) PAGE 1
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II. TERMS
NOW, THEREFORE, in consideration of the recitals set forth above, the mutual
promises and agreements made herein, and other valuable consideration, the receipt and
sufficiency of which is acknowledged, the City and Plaintiff agree that:
1. Felicia Parker Bailey, a Plaintiff herein, for and in consideration of payment by
the City of Fort Worth to Felicia Parker Bailey and her attorney, Bryan A. Green, of the law firm
Barron & Budd, P.C., the sum of Two Hundred and Forty Thousand and No/100 Dollars
($240,000.00) in full and final settlement of all claims against the City, its agents, employees,
workers or representatives, arising out of Plaintiffs alleged injuries and property damage, and
the receipt and sufficiency of such consideration being hereby acknowledged and confessed by
Plaintiff, does for herself, her representatives, successors and assigns, 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 in Cause No.
236-291561-17, in the 236th District Court, Tarrant County, Texas, including claims for physical
pain and suffering (past and future), medical expenses (past and future), physical impairment
(past and future), 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. The settlement
payment is apportioned $210,000.00 for claims related to the alleged personal injuries and
$30,000.00 for the property damage claim.
2. In consideration of the respective 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 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 Felicia Parker Bailey, or by anyone on her behalf,
arising out of the above described incident.
3. For the same consideration, Plaintiff declares and warrants that all valid medical,
hospital, and other expenses incurred by her, or on her behalf, or in any way pertaining to or
arising out of the injury that allegedly occurred on or about August 9, 2016, made the basis of
this litigation, has 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 other expenses, including but not limited to, claims
which may hereafter be made under the authority of the Texas Hospital Lien Law.
PLAINTIFF REPRESENTS THAT MEDICAL BILLS OF FELICIA PARKER BAILEY
HAVE BEEN PARTIALLY PAID BY MEDICARE. IF 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
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS(FELICIA PARKER BAILEY) PAGE 2
Parker Bailey&Parker; Cause No. 236-291561-17
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. 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 disputed claims and that the payment made
hereunder is not to be construed as admission 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 hereby authorizes and directs her attorney, Bryan A. Green, to
prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to
Felicia Parker Bailey's claims and causes of action in the above entitled and numbered case
against the City. 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. 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 Felicia Parker Bailey 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.
9. By her signature hereto, Plaintiff Felicia Parker Bailey 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 the 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(FELICIA PARKER BAILEY) PAGE 3
Parker Bailey&Parker;Cause No. 236-291561-17
This agreement shall be effective as of the qDate: pq
rty signature is affixed hereto as
indicated by the dates set forth below.
R BAILEY, Plaintiff
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared FELICIA
PARKER BAILEY, 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. 2
nGIVEN UNDER MY HAND AND SEAL OF OFFICE this 3r� day of
2018.
LYNN GONZALEZ
.� .. ..
£air No Public, state of Texas Notary bllc 1 a d r
=�,: •� Comm. Expires 03-02-2020 The State of Texas
''�:'!�a��+� Nolory f0 124368061
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS(FELICIA PARKER BAILEY) PAGE 4
Parker Bailey&Parker, Cause No. 236-291561-17
APPROVED AS TO FORM:
f'— Date:
Brian/Green
Baron & Budd, P.C.
3102 Oak Lawn Avenue, Suite 1100
Dallas, Texas 75219
ATTORNEY FOR PLAINTIFF
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS(FELICIA PARKER BAILEY) PAGE 5
Parker Bailey&Parker; Cause No. 236-291561-17
CITY OF FORT WORTH
APPROVED:
Date:
Jesus C'Jay')Chaps
Assistant City Manager
APPROVED AS TO FORM:
/Y� ,
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Date:
yl ��g
Christopher K.Austria
Assistant City Attorney
ATTEST:
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�)• `� Date:
Mary J.K ,C' cret *
...............
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Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration ontract,including ensuring all performance and reporting requirements.
Date: 41
Lisa Nw
Risk Management Analyst
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS(FELICIA PARKER BAILEY) PAGE 6
Parker Batley&Parker,•Cause No. 236-291561-17
O"ICIAL RECORD
CITY SECRETARY