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Home My WebLink AboutContract 55648r� ��'�� CAUSE NO. 236-318018-20 AA41' BLAUSTEIV Plai�ztiff � v CITY OF FORT �VORTH, TEXAS D�PARTM1f ENT OT TRANSPORTATION, AND LAND114IARK I.AKE VILLAG�, LLC Defe,zda�ats � § § § § § � � § CITY 3ECRE7'ARI� ��_��-r t�A. e 55 b� 8' IN THG DISTRICT COURT 236T" JUDICIAL bTSTRICT TARRANT COUNT`Y, TEXAS COMPROMISE SETTLEMENT AND RELEASE OI+ ALL CLAINIS WHEREAS, Ainy Blaustein, Plaintiff in the above-entitled and numbered cause, alleges that she was injured on or about June 23, 2019, when the vehicle that she was driving soutl�/southeast on Highway 199 Access Road in Fort Worth was struck by another vehicle. Plaiiitiff alleges a proximate cause of the accident was a missing traffic control device allegedly owned by the City of Fort Workh (sometimes referred to hcrein as "City" or "the City") and/or allegedly inaintained by the City (the "Accident"); and WHEREAS, Plaintiff further alleges that negligence of the City of Fort Worth �long with the negligence of its employees proximaiely caused the above-described Accideut; and, WHEREAS, as a result of such accident and the alleged injury of Amy Blaustein, Plaintiff filed suit against the City in the above-entitled and nu�nbered c�use, reference being made to the pleadings on file for a more fiill and complete description of Plaintiff's claims and cause of action (the "Lawsuit"); and, WHERLAS, Plaintiff has offered t� compromise and settle all claims and causes of action of any kind which she may have against the City, its agents, employees, w�rkers and representatives, and all others connected with or in privity with the City, arising out of or CO1ViPROMISE SETTLENI�NT AGREEMENT AND RELEASE OF ALL CLAIMS �:°fi�'�9�;��, ��OR� ,,'�i`�� `�ARY ��: W�R`��I, 7X connected in any way with the above described Accident in considei•ation of payment by the City jointly to Plaintiff and her altorney, Brad J. Robinson, of the sum of Two Thousand Five Hundred Dollars ($2,500.00) in full and final settlement of all claims arising out of the alleged injuries of Amy Blaustein sustained in the Accident, and Plaintiff acknowledges that it is the intention of this agr•eement to compromise and settle all claims against the City stemming from the Accident under any other theory, whatsoever; and, WHEREAS, even thougli City denies any liabiliry of any kind on account of the alleged incident made the subject of Plaintiffs L�wsuit, City has agreed to the payment tertns 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: That Amy Blaustein, Plaintiff herein, for and in consideration of payment by the City of Foi•t Worth, jointly to Plaintiff, Amy Blaustein, and her attorney, Brad J. Robinson, of the sum of T�vo Thousand Five Himdred Dollars ($2,500.00) in fiill and final settlement of all claims stemming froin the Accident, including injuries arising out of tlie June 23, 2019, incident herein described, the receipt and sufficiency of such consideration being hereby acknowledged and confessed, does hereby unconditionally release, acquit and forever diseharge the City of Fort Worth, and its agents, employees, workers and representatives, and all otl�ers connected with or in privity with the City of Fort Worth, of and from any and all claims of every kind, character or nature ��vhich said Plaintiff inight assert by reason of the Accident together with all claims I�eretofore asserted in Cause No. 236-318018-20, it� the 236T" Judicial District, Tarrant County, Texas, including elaims of any other kind, charactcr or n�ture of damage which could ar might be the sttbject of a claim Uy her arising from the Accident. C0�1PR011iISG SETTLEA'I�NT AGREEMENT AND RELEASE OF ALL. CLAINIS Page 2 2. That in consideration of the payment described above, Plaintiff agrees to indemnify and forever hold }�armless 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 saicl City of Fort Woi�th, its heirs, representatives, successors and assigns, fi�om any and all claims or causes of action, including any costs or expenses in connection therewith, which tnay hereafter be brought by Plaintiff, or by aiiyone on her behalf, arising out of the Accident. Plaintiff further represents that she is the only person entitled to act on her behalf. In short, Plaintiff represents that she is tlie 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 m�uries. 3. For the same consideration, Plaintiff declares and warrants that all medical, hospital, and/or other expenses of any and eveiy nature and character �vhatsoever incurred by her, or anyone else on her behalf or in any way pertaining to or arising out of the injwy that allegedly occurred on or about June 23, 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 harniless Defendant, City of Fort Woi-tli and any other person, corporation, association, partnei•ship, 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, uicluding but not limited to, claims which may hereafter be made under the authority of tl�e Texas Hospital Lien Law or any other state or federal stahite, rule, or regulation for medical cac�e rendered as a result of injuries sustained in the Accident. PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS HAVE B��N PAID BY MEDICARE, MEDICAID, OR BY ANY OTHER COA4PROMIS� S�TTLENIENT AGRI;EMENT AND RELEASE OF ALL CLAINIS Page 3 GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN 1N THIS REGARD AND MEDICARE, MEDICAID, 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 REIMBURSEMENT AND WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVTTY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. 4. That the relcase of claims contained herein is given vvith full ]cnowledge of all parties to the referenced suit that there is a dispute on thc part of City regarding whether oi• 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 hereundet 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 ab�ve-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, Brad J. Robinson, to approve an Agreed Order of Dismissal, with prejudice, with respect to her claims and causes of �ction in the above entiiled and numbered case. And, in this connection, Plaintiff and her attot7iey agree to expeditiously provide any infai7nation the Court may require, aY�d/or to attend any hearings the Court may require, in coiliiection with the dismissal of said lawsuit. COb�PROMIS� SE1'TLEM�NT AGREEMENT AND RELEASE OI' ALL CLAIVIS Page 4 6. That it is understood and agreed that all taxable court costs will be paid by the party incuiring same. 7. 8. That this Compromise Settleinent 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 puiposes. 9. That Plaintiff Amy Blaustein represents and acknowledges that this Compromise Settlement Agreement And Release of All Claims has been read in its entirety before signin� and that it has been fiilly explained, in detail, to her by her attorney and that it is fully understood. 10, That, by he1• signature hereto, Amy Blaustein 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 represcntations, declarations and agreements herein are accurate, binding, and are contrachial in nature and that na representation or agreement not herein expressed has been madc to her as iiiducement to enter into this Comproinise Settlement Agreemetlt And Release Of All Claims. 1 I. That, whether specifically stated or not, any reference herein to "PlaintifP' or "Amy Blaustein" refers to Plaintiff, Amy Blaustein. This agreement shall be eff�ctive as of the date the last party signature is affixed hereto as indicated by the dates set forth below the respective signatures. Date: q �� f-�� COn'fPROAiISE SETTLEMENI' AGR�EM�NT AND RELEASE OF ALL CL,AIMS �(��GL��.� M��::��C �0� ��;f�� i;��,Rl�t' I �� .�Kp4��`��!�%i� �i� r - �_�_�. .__ - �� STATE OF TEXAS COUNTY OF TARRANT � � BEFOR� ME, the undersigned authority, on this day personally appeared Amy Blaustein, 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 pui�oses and consideration therein expressed. GNEN UNDER MY HAND AND SEAL OF OFFICE this , 2021. SHERETTA D. DANIEL N4tery Public-State of 7e�s Notary ID #13190691-8 Commlaslon Exp, FEB. Z6, 2023 CObZPROMIS� S�TTLEMENT AGREEMENT AND RELEASE OP' ALL CLAIMS �� day of ;�, ; , ; �� , ; : � . ' � �_ �` `�'f �' i ' �.1;� ` � � � Notary Public in and for the State of Texas APPROVED AND AGREED AS TO FORM: <- — � -,�.-,='— _ -- .-- - Date: 4/21/2021 Bra . o inson SBAITI & COMPANY PLLC J.P. Morgan Chase Tower 2200 Ross Ave., Suite 4900W Dallas, Texas 75201 (214)432-2899 (214)853-4367 Fax b j��na,sba i ti la w. co�n APPROVED: Date: �{ ZZ Z ( CITY OF FORT APPROVED AS TO FORM: i`'' _ . ' ' ;= ,// arvey . rye, r. ! Senior Assistant City Attorney ., :.� .l`�'� ��'<� ��h �� •.:�� i. , � * � ;� �� 'ti. i � fh •��'�►�� .•� ATTEST: l` „,� �' � � - � , �� Date: �'Date: i/� / � _ :-��z,; , ;s. � ��x;� , .i�•� CO:�fPRO\¢ISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 7