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HomeMy WebLinkAboutContract 55879( ( RECEIVED JUN 1 8 2 1 tllYOFFORTWORTII Plainti~ CRYSEC~TY OF FORT WORTH Defendant. CAUSE NO. 096-316627-20 § § § § § § § § § § IN THE DISTRICT COURT 96TH JUDICIAL DIS RICT TARRANTCOUNTY, EXAS COMPROMI E SETTLEMENT AGREEMENT AND RELEA E OF ALL CLAI S I. RECITALS WHEREAS, Juana Camacho, Plaintiff in the above-entitled and numbered c use ("P laintiff'), alleges that on or about September 5 2019, she received personal injurie s i an automob ile accident wh en the vehicle she was driving was struck by a City of Fort Worth veh cle; WHEREAS, Plaintiff further alleges that the negligence of the City of Fort Worth (" ity" or "Defen dant "), by way of it s employee, proximately caused the above-described accident; WHEREAS, as a re sult of such accident, injuries and damages allegedly suffered by Plaintiff Ca macho. s uit was filed against the City in the above-entitled and numbered cause, reference being made to the pleadings on file in sa id cause for a more full and complete desc rip ion of Plain tiffs c !aims and cause of action; WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of a ion of any kind which she may have against the City, its agents employees, wo rker s and re pr ese ntativ es, and all others connected with or in privity with the City, arising out of or conne ted in any way with the above desc ribed accident in consideration of payment by th e C ity to Plaii tiff Ju ana Camacho. a nd her attorney Jennifer Kashar, of the KASH.AR LAW FIRM, P.C . th e su of Thirty Thousand Dollars ($30,000.00) in full and final se ttlement of all claims again t the Ci , its agents, emp lo yees, workers or rep re se ntative s, arising out of the Plaintiff s a llege d injuri es; a d WHEREAS, even though the City denies any liability of any kind on account of the alle!ed incid ent made the subject of Plaintiff's suit the City has agreed to the payment terms descr bed above in compromise and ettlement of the disputed claims and in order to avoid further im e consuming and cos tly litigation. I OFFICIAL I tE CORD CITY SECI ETARY FT. WOR' ·H, TX II. TERMS NOW, THEREFORE,in consideration of the rec<als set forth above the mutual pro~ses and agreements made herein , and other valuable consideration, the receipt and sufficiency ofw ich is acknowle dged , the City and Plaintiff agree that: I. Juana Camacho, Plaintiff herein , for and in consideration of payment by the it y of Fo rt Worth to Juana Camacho and her attorney, Jennifer Kashar, of the KASH AR LAW FI M, P .C. the s um of Thirty Thousand Dollars ($30,000.00) in full and final settlement of all cl ims against the City, its agents, employees, workers or representatives, arising out of Plaintiff's alJe ed injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, does for herself, her representatives, successors and assi ns, unconditionally release acquit and forever discharge the City of Fort Worth, and its ag nts, e mployees, workers and representatives , and all others connected with or in privity with the ity of Fort Worth, of and from any and all claims of every kind, characteror nature which said Pia' tiff might assert by reason of the above described incident together with all claims heretofore ass 11ed in Ca use No. 096-316627-20, in the 96 th District Court, Tarrant County, Texas, including cl ims for physical pain and s uffering (past and future), medical expenses (past and future), phy ical impairment (past and future), and any other kind character or nature of damage which coul or might be the subject of a claim by her arising from the incident hereinabove described. 2. In consideration of the respective payment described above , Plaintiff agrees to indemnify and forever hold ham1less and defend the City of Fort Worth , and all agents, employtes, workers and representatives of the City of Fort Worth, and all others connected with or in pri it y with the City of Fort Worth , its heirs , representatives , successors and assigns, from any an all claims or causes of action, including any costs or expenses in connection therewith, which lnay hereafter be brought by Plaintiff Camacho, or by anyone on her behalf, arising out of the aif>ve described h1cident. 3. For the sa me consideration, Plaintiff Camacho declares and warrants tha , all medic a I, hospital , and /or other expenses of any and every nature and character whatsoever inc u ·red by her , or on her beha If, or in any way pertaining to or arising out of the injury that alleg d ly occurred on or about September 5, 2019, made the basis of this litigation , has been or wilJ be aid or compromised by Plaintiff, and Plaintiff hereby agrees to defend , indemnify and hold ha le ss Defendant, City of Fort Worth and any other person, corporation, association, partnership ore tit y in privity with or connected with them as well as any person, corporation, association, partner hip , or entity they are or may be required to defend , indemnify, or hold harmless from and against any claims for medical, hospital , and/or other claims and expenses of any and every nature , inclu ing but not limited to , claims which may hereafter be made under the authority of the Texas Ho s ita I Lien Law or any other state or federal statute rule , or regulation. PLAINTIFF REPRESE TS THAT NONE OF THE MEDICAL BILLS OF JUANA CAMACHO HA VE BEEN P ID BY MEDICARE OR BY ANY OTHER GOVERNMENTAL OR QU SI- GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD ND MEDICARE OR OME OTHER GOVERNME TALOR QUASI-GOVERNMEN AL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF WILL FUijLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE OR OTHER COMPROM ISE SETTLEMENT AGREEMENT ANDRELEASE OF ALL CLAlMS-Juana Carmcho -CAUSE NO. 096-216627-20 P GE2 GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY FOR REI MB URSEM NT AND WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, AS OCIATlrN, PARTNERSHIPORENTITY INPRIVITY WITH ORCONNECTEDWITH IT AGAI ST ANY SUCH CLAIM. PLAINTIFF ALSO REPRESENTS THAT THEY WILL FULLY SATISFY 1LL LEGAL BILLS INCURRED BY HER WITH ANY OTHER LAW FIRM OR ATTORJI EY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 4. The release of claims contained herein is given with full knowledge of a ll p)ties 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 unders ood and agreed that this settlement is in compromise of disputed claims and that the payment ade hereunder is not to be construed as admission of liability on the part of the City of Fort W rth, and, in fact , City denies liability for the above-descr ibed 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 mnn red matter , with prejudice, and hereby authoriz.es and directs her attorn ey, Jennifer Kashar, to pre are and file the appropriate Motion and Order of Dismissa~ with prejudice with respect to J ana Camacho's claims and causes of action in the above entitled and numbered case against the . ity. And, in this connection. Plaintiff Camacho and her attorney agree to expeditiously provide any information the Court may require , and/or to attend any hearings the Court may requir , in connection with the dismissal of said lawsuit. 6. It is under tood and agreed that all taxable court costs will be paid by the arty incurring same. 7. By her signature hereto. the undersigned , Jennifer Kashar , attorney for P lai tiff Camacho, and her law firm, hereby release the City of Fort Worth to the same extent Plaintif has released them, from any cause or cau. es of action which said attorney or her law firm may ave by virtue ofassignment or otherwise arising out of the alleged incident made the basis of the ab e- entitled and nwnbered suit. 8. This Compromise Settlement Agreement and Release of All Claims ma be executed in a number of identical counterpa1t . each of which shall be deemed an original fi purposes. 9. Plaintiff, Juana Camacho, represents and acknowledges that this Compro ise Settlement Agreement and Release of AU 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. By her signature hereto, Juana Camacho, Plaintiff, represents and declares tha she is more than eighteen ( 18) years of age and is fully competent to enter into this Compro1 1ise Settlement Agreement and Release of All Claims, that the representations, declarations and COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL ClALMS-Juana CanvclJO -CAUSE NO. 096-216627-20 P GE3 agreements herein are accurate , binding , and are contractual in nature and that no represent ion or agreement not herein expressed has been made to her as inducement to enter into this Compromise Settlement Agreement and Release of AU Claims. This agreement should be effective as of the date the last party signature is affixed h I eto as indicated by the dates set forth below. ST A TE OF TEXAS § COUNTYOFTARRANT § BEFORE ME, the undersigned auth rity, on thi day personally appeared JU NA CAMACHO,known to me to be the per on whose name is subscribed to the foregoing in trum nt , and acknowledged to me that he 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.-<J 1a-ay of M,l\_~ -ALTON j BOSTICK Ill - NOTARY PUBLI C STATE OF TE X/\S ID II 12 40IHM 2 :! My C-0,,-.m E1pite,; 08-02-2022 Notary Public in'~nd for the State of Texas (ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL C LAIMS-Juana Canvc ho -CAUSE NO . 096-216627-20 , 2 21. PA E 4 APPROVED AS TO SUBSTANCE AND FORM: T FIRM, P.C. 3010 LBJ Freeway, Ste. 1200 Dallas, Texas 75234 k mhu6i'>/casharlaw. com ATTORNEY FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: APPROVED AS TO FORM: ~B-. ----- Date: ~·--;;;'/ enJamm J. ampract Sr. Assistant City Attorney ATTEST: COM PROMISE SETTLEME'NT AG{{EEM ENT A ND RELEASE OF A LL CLAIM ✓uana Ca11t1eho -CAUSE NO. 096-216627-20 OFFICIA~RECORD CITY SE RETARY FT. WO TH, TX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administra t on of this contract, including ensuring all perfonnance and reporting requirements. COMPROMISE SETTLEMENT AGREEMENT ANDRELFASE OF ALL CIAIMS ✓uana Camacho -CAUSE NO. 096-216627-20 OFFICIAL RI ~CORD CITY SECRI tTARY FT. WORTI i, TX PA(l,E 6