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HomeMy WebLinkAboutContract 53478 p�ECE1V�d CITY SECRETARY JA1�3 0 2020 OUNTRACT NO. ct cisG�E(pt1Y4[ CAUSE NO. 348-304903-18 . DAYLA OVIEDO § IN TAE DISTRICT C'OURT Plaintiff VS § 348$1-II JUDICIAL Disi, ICT CITY OF FORT WORTH § Defendaw § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS,Dayla Oviedo,Plaintiff in the above-entitled and numbered cause,alleges that she was injured on or about December 16,2016,when the vehicle that she was driving southbound at or about the 900 Block of Alta N4ere Drive,Fort Worth, Tarrant County. Texas was struck by a City of Fort Worth wafter department 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; 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 Dayla Oviedo, Plaintiff tiled 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 clauns 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. Robert Alvarez and the law firm of Chalaki Law, P.C.. the sum of Two Hundred and Forty-Nine Thousand Dollars ($249,000.00) in hill and final settlement of all claims COMPROMISE SETTLEMENT AGREEMENT AND RELEASE Or ALL CLAIMS �— Ptigc arising out ofthe alleged injuries of Dayla Oviedo 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 8 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. TFIf; PARTIES AGREE AS FOLLOWS: 1. That Dayla Oviedo.Plaintiff herein, for and in consideration of payment by the City of Fort Worth,jointly to Plaintiff, Dayla Oviedo, and her attorney, Robert Alvarez and the law firm of Chalaki Law, P-C., of the sum of Two Hundred and Forty-Nine Thousand Dollars ($249,000.00) in Rill and final settlement of all claims including injuries arising out of the December 1.6, 2016 incident herein described, the receipt and sufficiency of such consideration beinO 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, withthe 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.348.304903- 18, in the 348TH Judicial District, 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 Port Worth, and all agents, employees,workers and representatives of the City of Fort Worth, and all others connected with or in privily with the COMPROMISE SETTLEMENT AGREEMENT AND RELEASE Of ALL CLAIMS Pige 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 fin-ther 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 waiTants 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 16, 2016, made the basis of this litigatiorn, 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 l2EPRESL-NTS 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, MEDICAID, OR SOME OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY IIAS 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 HARMLESS THE CITY OI' PORT 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 promptly dismiss the cause of action in the above:-entitled and numbered matter, with prejudice, and she hereby authorizes and directs her attorney, Robert Alvarez. 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,Robert Alvarez,attorney for Plaintiff, and his law firm, Chaliki Law, P.C., 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 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. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4 S. 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 Davla Oviedo 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,Dayla Oviedo represents and declares that she is more than eighteen (1 S) 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 "Dayla Oviedo"refers to Plaintiff;Dayla Oviedo. This agreement shall be effective as of the date the last parry signature is affixed hereto as indicated by the dates set forth below the respective signatures. Dayla Oviedo,Plaintiff Date: LZ 7C� J OFFICIAL RECOW_. CITY SECRETAM' WORTH, 7f, ��- f COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Pale 5R STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME. the undersigned authority, on this day personally appeared Dayla Oviedo, known to me to be the person whose name is subscribed to the fore.;oing 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 ;_ 1 day of nAICUIX ,2020. s"Yeypfi, GISELAJANETALONSO f a,; •1 My Notary ID#12366745 Expires August 10,2021 Notary Public in and for the tate of Texas FT- WORTHI,_ 1.f<` COMPROMISE SETTLEMENT AGREEMENT AND RELEASE Of ALL CLAIMS Page 6y` APPROVED AND AGREED AS TO FORM: / Date: O Robert Alvarez CHALAKI LAW, P.C. 32341 Commander Drive, Suite 100 Carrollton, Texas 75006 (972) 793-8500 (800) 991-6288 Fax Cf lenr.chalakilaw.com APPROVED: Date: -7 Assistant Ciiy'Mandger CITY OF FORT WORTH APPROVED AS TO FORM: ,�C � / �'� Date: , Harvey L. FrveJJr. Senior Assistant City Attorney ATTEST: s. ;x F - ;X SQL &,UPa' i�`F;� , f Date: Mary J. Kayser, City Secretary ` = e Q :PC cA L R E C 0 R CMY'SECRETARY COMPROMISE SETTLEMENT AGREEMENT.AND RELEASE OF ALL CLAIMS 171 pT p 4 I X Attorneys: A TEXAS UrIGATtON FIRM Sean Chalald Shawn I-lashemi Robert Alvarez JanUary 17, 2020 Chastity McNair Yasamin kloussavi* VIA]ELECTRONIC MAIL: *Licensed in the State of New Attn: Harvey L.Frye,Jr. York CITY OF FORT WORTH 200 Texas Street For all E-Service: Fort Worth,Texas 76102 EfileQChalnkiLaw.com Email: harvey.fTye@fortworthtexas.gov All other Documents: Facsimile: (817)392-8359 Claimna.0 alakiLaw.corn Phone:(972)793-8500 Re: Dayla Oviedo v. City of Fort Worth Fax:(800)991-6288 Cause No. 348-304903-18, in the 348"'Judicial District, Tarrant County, Texas Principal Address: Dear Mr. Frye, North Dallas Law Center 3234 Commander Dr. Please issue the settlement draft in the amount of$249,000.00 to Dayla Oviedo and Suite 100 Chalaki Law,P.C.then forward the same to our office as soon as possible. Carrollton,Texas 75006 Please note that our Tax I.D. is 272645635. Thank you in advance for your cooperation and attention to this matter and please do not hesitate to contact me if you have any questions or comments. Sincerely, Robert Alvarez Attorney at Law Chalaki Law,P.C. Cc:Client File 90" Page I Of I