HomeMy WebLinkAboutContract 54725 CITY SECRETARY
CAUSE NO. 096-306910-19
TEXAS FARM BUREAU MUTUAL INS. § IN THE DISTRICT COURT OF
CO. §
Plaintiff, §
V. § TARRANT COUNTY, TEXAS
CITY OF FORT WORTH §
Defendant. § 96TH DISTRICT COURT
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
I. RECITALS
WHEREAS, TEXAS FARM BUREAU MUTUAL INSURANCE CO. (as Subrogee of
Policyholder Judy Williams), Plaintiff in the above-entitled and numbered cause ("Plaintiff'),
alleges that its policyholder's vehicle, a 2016 FORD ESCAPE, VIN IFMCUOJ90GUC25483
("Policyholder's Vehicle" or "Subject Vehicle"), was damaged as a result of an accident that
occurred on or about July 29, 2018 ("Subject Incident");
WHEREAS, Plaintiff has asserted a property damage claim against the City of Fort
Worth ("City" or "Defendant"), for monetary damages alleging that the damage to its
policyholder's vehicle was proximately caused by the negligence of the City of Fort Worth, by
way of its officers, agents or employees;
WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of
action of any kind which it 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 through its attorneys at THE FUSSELMAN LAW FIRM, PC in trust for TEXAS
FARM BUR. MUT. INS. CO. the sum of Sixteen Thousand, Four Hundred Ninety-Eight
Dollars, Eighty-Seven Cents ($16,498.87) in full and final settlement of all claims against the
City, its agents, employees, workers or representatives, arising out of the accident mentioned
above; and
WHEREAS, even though the City denies any liability of any kind on account of the alleged
incident made the subject of Plaintiffs suit, the City has agreed to the payment terms described
above in compromise and settlement of the disputed claims and in order to avoid further time
consuming and costly litigation.
MY SECREIMY
o FT WORTH, TX
sF�9cq�9Ty�
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. Plaintiff TEXAS FARM BUREAU MUTUAL INSURANCE CO., including its
representatives, successors and assigns, in consideration of the payment of $16,498.87 paid to
Plaintiff by the City of Fort Worth, the receipt and sufficiency of which are hereby
acknowledged, does hereby fully and finally release the City of Fort Worth and its officers,
agents and employees and all other persons and entities in privity with, or connected with, the
City of Fort Worth of and from any claim, whatsoever, it has or claim against the City on the
date of the signing of this Release or that may hereafter accrue as a result of the damage to
policyholder's vehicle mentioned above including, but not limited to, cost of repair, loss of use,
diminution in value and all property damage claims, whatsoever.
2. Plaintiff, TEXAS FARM BUREAU MUTUAL INSURANCE CO., represents
that it is a subrogee of Judy Williams (the "Insured" or "Policyholder"), a Texas resident.
Plaintiff represents that it paid insurance benefits to or on behalf of its insured for damages
sustained to the policyholder's vehicle as a result of the incident made the basis of this lawsuit
and, therefore, is subrogated to such insured's interests with respect to those damages. Plaintiff
represents that it is the only person or entity entitled to any recovery as a result of the alleged
damage to the policyholder's vehicle described above. In consideration of the settlement
described herein, Plaintiff(Releasing Party) hereby agrees to indemnify, hold harmless and
defend the City (Released Party) from and against any and all claims, suits, demands,
actions and causes of action for property damages, including but not limited to claims or
actions for contribution, indemnity or subrogation, if any, which have been or which may
hereinafter become asserted against Released Parties for any claims, demands, actions,
suits or causes of action for property damages brought or raised by, made by, through, or
in the name of Releasing Party, for any alleged damages resulting from the Subject
Incident involving the Subject Vehicle. Plaintiff also represents that it will fully satisfy all
legal bills it incurred with any other law firm or attorney who may be owed fees related to
this matter.
3. Plaintiff, TEXAS FARM BUREAU MUTUAL INSURANCE CO., acknowledges
that it has read this Release in its entirety and has had an opportunity to consult with an attorney
before signing it.
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.
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
-Texas Farm Bureau Mutual Ins. Co. (Cause No. 096-306910-19) Page 2 of 4
5. Plaintiff, TEXAS FARM BUREAU MUTUAL INSURANCE CO., agrees to
dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and
hereby authorizes and directs her attorney, Jason E. Wells, to prepare and file the appropriate
Motion and Order of Dismissal, with prejudice, with respect to Plaintiff's claims and causes of
action in the above entitled and numbered case against the City. And, in this connection,
Plaintiff and its 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.
TEXAS FARM BUREAU MUTUAL
INSURANCE CO,Plaintiff
Title:
Date:
STATE OF TEXAS §
COUNTY OF §
BEFORE ME,the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same as his/her free act and deed for
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
52019.
Notary Public in and for the State of Texas
[ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES]
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
-Texas Farm Bureau Mutual Ins. Co. (Cause No. 096-306910-19) Page 3 of 4
5. Plaintiff, TEXAS FARM BUREAU MUTUAL INSURANCE CO., agrees to
dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and
hereby authorizes and directs her attorney, Jason E. Wells, to prepare and file the appropriate
Motion and Order of Dismissal, with prejudice, with respect to Plaintiffs claims and causes of
action in the above entitled and numbered case against the City. And, in this connection,
Plaintiff and its 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 perty
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.
Z / fi /1.4 If
Y/11 INKIr/r/NaM —
S AU TUAL
INSURANCE CO,Plaintiff
Title:- Subrogation Specialist
Date:
STATE OF T XAS §
COUNTY OF11kcW1 ww, §
BEFORE ME,the undersigned authority,on this day personally appeared Kaci Tngram
, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same as his/her free act and deed for
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1 Uw1 '2019.
�.�""rn�r��. BARBARA MUELLER
1%1 . 11.,
�E,allotary Public,state 0t Texas Notary Public in and for the State of Texas
Comm.Expires 12-07.2022
Notary ID 13182186-7
[ EAR ON THE FOLLOWING PAGES]
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
-Texas Farm Bureau Mutual Ins.Co. (Cause No.096-306910-19) Page 3 of 4
APPR +D AS TO SUBST t AND FORM:
Date:
Jaso . Wells
Chfistopher A.Fusselman
THE FUSSELMAN LAW FIRM,P.C.
1616 South Voss Rd., Ste.775
Houston,Texas 77057
e-file(@thefusselmanlawfirin.coin
ATTORNEYS FOR PLAINTIFF
CITY OF FORT WORTH:
APPROVED:
Date:
Assistant City Manager
CITY OF FORT WORTH
APPROVED AS TO FORM:
Date:
Benjamin J.Sampract
Senior Assistant City Attorney
ATTEST:
Date:
Mary J.Kayser,City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
Date:
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
-Texas Farm Bureau Mutual Ins, Co, (Cause No. 096-30010-19) Page 4 of 4 ''
APPROVED AS TO SUBSTANCE AND FORM:
Date:
Jason E. Wells
Christopher A. Fusselman
THE FUSSELMAN LAW FIRM,P.C.
1616 South Voss Rd., Ste. 775
Houston,Texas 77057
e-file@—thefusselmanIawfirm.com
thefusselmanlawfirm.com
ATTORNEYS FOR PLAINTIFF
CITY OF FORT WORTH:
APPROVED:
Date: /G
Assistant City Manager
CITY OF FORT WORTH
APPROVED AS TO FORM:
Date:
Benja J. Sampraci
Senior Assistant City Attorney
ATTEST:
Date:
Mary J. Kayser, City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
�uiz�lci 7-"("1" 10/16/2020
Date:
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
-Texas Farm Bureau Mutual Ins. Co. (Cause No. 096-306910-19) Page 4 of 4
APPROVED AS TO SUBSTANCE AND FORM:
Date:
Jason E. Wells
Christopher A. Fusselman
THE FUSSELMAN LAW FIRM,P.C.
1616 South Voss Rd., Ste. 775
Houston, Texas 77057
e-file@thefusselmanlawfirm.com
ATTORNEYS FOR PLAINTIFF
CITY OF FORT WORTH:
APPROVED:
T
J' - Date: s1 ` act
Assistant City Manager
CITY OF FORT WORTH
APPROVED AS TO FORM:
Date:
Benja J. Sampract
Senior Assistant City Attorney
ATT
of Off
ar J. Kayser, City Secretar '
Contract Compliance Manager:
By signing I acknowledge that I am es able for the monitoring and administration
of this contract, including ensuring all p and reporting requirements.
Date:
OFFICIAL. RECORD
CITY S
%FCRMRY
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
-Texas Farm Bureau Mutual Ins. Co. (Cause No. 096-306910-19) F'1. WQBTti4TX