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Home My WebLink AboutContract 56505 DocuSign Envelope ID:314B7891-5F8C-47C8-9625-993D5DB49901 CITY SECRETARY .p GONITRA0-TN0. 5b 5 CAUSE NO. 067-318486-20 G\ GOSG��KELVIN SANDERS § IN THE DISTRICT COURT Plaintiff § V § 67TH JUDICIAL DISTRICT § CITY OF FORT WORTH,TEXAS § TARRANT COUNTY,TEXAS Defendant § COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Kelvin Sanders, Plaintiff in the above-entitled and numbered cause ("Plaintiff'), alleges that on or about May 18,2019,he received personal injuries in an automobile accident when the vehicle he was operating was struck by a City of Fort Worth Police vehicle; WHEREAS,Plaintiff further alleges that the negligence of the City of Fort Worth("City" or"Defendant"),by way of its employee,proximately caused the above-described accident; WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff Sanders, suit was filed against the City in the above-entitled and numbered cause, reference being made to the pleadings on file in said cause for a more full and complete description of Plaintiff's claims and cause of action; WHEREAS,Plaintiff has offered to compromise and settle all claims and causes of action of any kind which he 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 Kelvin Sanders, and his attorney V. Paige Eldridge, of the Witherite Law Group, PLLC, the sum of Eighty Thousand Dollars ($80,000.00) in full and final settlement of all claims against the City, its agents,employees,workers or representatives,arising out of the Plaintiff's alleged injuries;and WHEREAS,even though the City denies any liability of any kind on account of the alleged incident made the subject of Plaintiff's 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. 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: �R`111,,l{ DocuSign Envelope ID:314B7891-5FBC-47C8-9625-993D5DB49901 1. Kelvin Sanders,Plaintiff herein,for and in consideration of payment by the City of Fort Worth to Kelvin Sanders and his attorney, V. Paige Eldridge, of the Witherite Law Group, PLLC, the sum of Eighty Thousand Dollars ($80,000.00) in full and final settlement of all claims against the City, its agents,employees,workers or representatives,arising out of Plaintiff's alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, does for himself, his representatives, successors and assigns, 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. 067-318486-20, in the 67th District Court, Tarrant County, Texas, including claims for physical pain and suffering (past and future), medical expenses (past and future), physical impairment (past and future), and any other kind, character or nature of damage which could or might be the subject of a claim by him arising from the incident hereinabove described. 2. In consideration of the respective 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 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 Sanders, or by anyone on his behalf, arising out of the above described incident. 3. For the same consideration,Plaintiff Sanders declares and warrants that all medical, hospital,and/or other expenses of any and every nature and character whatsoever incurred by him, or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about May 18,2019, made the basis of this litigation, has 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,as well as any person, corporation,association,partnership,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, 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 OF KELVIN SANDERS 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 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 PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. Compromise Settlement Agreement and Release of All Claims Kelvin Sanders-Cause No. 067-318486-20 Page 2 DocuSign Envelope ID:314B7891-5F8C-47C8-9625-993D5DB49901 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. 5. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter,with prejudice,and hereby authorizes and directs his attorney,V.Paige Eldridge,to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Kelvin Sanders's claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff Sanders and his 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. 8. Plaintiff, Kelvin Sanders, 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 him by his attorney and that it is fully understood. 9. By his signature hereto,Kelvin Sanders,Plaintiff,represents and declares that he 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 the 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 him as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below. Compromise Settlement Agreement and Release of All Claims Page 3 Kelvin Sanders-Cause No. 067-318486-20 DocuSign Envelope ID:314B7891-5F8C-47C8-9625-993D5DB49901 KEf,VIN SANDERS,Plaintiff Date: 10/4/2021 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared KELVIN SANDERS,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 4th day of September, 2021. EVAMEDEROS 4: I* :*1 My Notary ID#131063114 Notary Public in and for the State of Texas Expiras March 28,2025 i [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] OFFICIAL RECORD CITY SECRETARY FT WORTH,TX Compromise Settlement Agreement and Release ofA11 Claims Kelvin Sanders-Cause No. 067-318486-20 Page 4 DocuSign Envelope ID:314B7891-5F8C-47C8-9625-993D5DB49901 APPROVED AS TO FORM ONLY: Date: 10/5/2021 Attorne or Plaintiff V. Paige Eldridge Witherite Law Group, PLLC CITY OF FORT WORTH: APPROVED: Date: Assistant City Manager CITY OF FORT WORTH APPROVED: q Date: Attorney for Defendant, C ty of Fort Worth Harvey L. Frye, Jr. Sr. Assistant City Attorney 10 ATTEST: ` •�; ��"'r `, `Date: "a/ Ronald P. Gonzales,Acting City Secretary : OFFICIAL RECORD CITY WRETARY FT.WORTH,TX ,_..,�, Compromise Settlement Agreement and Release of All Claims Kelvin Sanders-Cause No. 067-318486-20 Page 5