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HomeMy WebLinkAboutContract 53384 CITY SECRETARY CONTRACT NO. CAUSE NO.2019-003482-2 TERESA MORALES § IN THE COUNTY COURT . . , Plaintiff § VS § AT LAw No.2 THE CITY OF FORT WORTH § Defendant § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Teresa Morales, Plaintiff in the above-entitled and numbered cause, alleges that she was injured on or about December 13, 2018, when the vehicle that she was driving westbound in the 2700 block of I-30 in Fort Worth ran over material from a vehicle owned by the City of Fort Worth (sometimes referred to herein as "City" or "the City") and operated by an employee of the City that had lost part of its cargo onto the roadway; and WHEREAS,Plaintiff further alleges that negligence of the City of Fort Worth along with the negligence of its employee proximately caused the above-described accident;and, WHEREAS,as a result of such accident and the alleged injury of Teresa Morales,Plaintiff filed suit against the City in the above-entitled and numbered cause, reference being made to the pleadings on file 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 accident in consideration of payment by the City jointly to Plaintiff and her attorney,James Baudhuin,of the sum of Thirteen Thousand Dollars($13,000.00) COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS -"— OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX ___J in full and final settlement of all claims arising out of the alleged injuries of Teresa Morales and Plaintiff acknowledges that it is the intention of this agreement to compromise and settle all claims against the City under any other theory,whatsoever;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. THE PARTIES AGREE AS FOLLOWS: 1. That Teresa Morales, Plaintiff herein, for and in consideration of payment by the City of Fort Worth,jointly to Plaintiff, Teresa Morales, and her attorney, James Baudhuin, of the sum of Thirteen Thousand Dollars($13,000.00)in full.and final settlement of all claims including injuries arising out of the December 13,2018 incident herein described,the receipt and sufficiency of such consideration being hereby acknowledged and confessed, 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 together with all claims heretofore asserted in Cause No. 2019-003482-2, in the County Court at Law#2, Tarrant County, Texas, including claims of 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. 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2 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. Plaintiff further represents that she is the only person entitled to act on her behalf.In short,Plaintiff represents that she is the only person authorized to pursue any claim or cause of action arising from the alleged injuries and she agrees to defend, indemnify and hold harmless the City of Fort Worth against any claim hereafter asserted by anyone as a result of such alleged injuries. 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 her, or anyone else on her behalf or in any way pertaining to or arising out of the injury that allegedly occurred on or about December 13, 2019, 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 HAVE BEEN PAID BY MEDICARE,MEDICAID,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, MEDICAID,OR OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY FOR COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 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 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. 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, James Baudhuin, to approve an Agreed Order of Dismissal, with prejudice, with respect to her claims and causes of action in the above entitled and numbered case. 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 by his signature hereto, the undersigned, James Baudhuin, attorney for Plaintiff, and his law firm,hereby release the City of Fort Worth, to the same extent Plaintiff has released the City of Fort Worth,from any cause or causes of action which said attorney or his law COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4 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. 8. 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. 9. That Plaintiff Teresa Morales 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. 10. That, by her signature hereto, Teresa Morales 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. 11. That, whether specifically stated or not, any reference herein to "Plaintiff' or "Teresa Morales"refers to Plaintiff, Teresa Morlaes. 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. Teresa Morales, intiff Date: COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared Teresa Morales, 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 ~� day of 2020 '*Notary blic in and for tb6 State of Texas „'Y':,'Y•,, BOBB:EIOFRr�4 6l<IFY '+9 i•�F` MY COMMIc:a•'IP:ES 3't i SEPTEM 020 �;�;3, NOTARY ,;3ry:?22 <� BOBBY Uri ?e+, ^a MYcoMMI861et4vXPIRES '` <020 ' SEPTEMBER NOTARY iD: 10480222 mx�rns:, CITY SECRETARY FT. WORTH tl COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS . APPROVED O: i Date- 7� James Bau n Law Offices of James R. Baudhuin P.O.Box 290 Coppell,Texas 75019 jim(@,baudhuinlaw.com badesa,mac.com APPROVED: wt"// Date:_ Assistant Ci Mana r CITY OFFORT WO TH APPRO D AS T FORM: r' Date: C stopher B. Mosley enior Assistant City Attorney t2 ATTEST: Date: v/q/)(� Mary J.Ka ity Vcrctary F'" FFTWORTH,TX , C,°;F COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS ET�►RY