HomeMy WebLinkAboutContract 56895 f�!TY SECRETARY r�
RECEIVED
� 4RnrT NO.
DEC 2 C 2021
CITYOFFOR'EMUff CAUSE NO. 141-317545-20
CI YSECR ny
JUDY ANN WILLIAMS § IN THE DISTRICT COURT
Plaintiff, §
V. § 141ST JUDICIAL DISTRICT
THE CITY OF FORT WORTH,TEXAS §
Defendant. § TARRANT COUNTY,TEXAS
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
1.RECITALS
WHEREAS, Judy Ann Williams, Plaintiff in the above-entitled and numbered cause
("Plaintiff"),alleges that on or about July 29,2018, she received personal injuries in an automobile
accident when the vehicle she 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 Williams, 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 Plaintiffs claims and cause of action;
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 an
representatives,and all others connected with or in privity with the City,arising out of or connecte�
in any way with the above described accident in consideration of payment by the City to Plaintiff
Judy Ann Williams, and her attorney Scott Brown, of Loncar & Associates, the sum of One
Hundred and Twenty-Five Thousand Dollars ($125,000.00) in full and final settlement of a 1
claims against the City, its agents, employees, workers or representatives, arising out of th
Plaintiff's alleged injuries; and
WHEREAS,even though the City denies any liability of any kind on account of the allege
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 tim
consuming and costly litigation.
11.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 sufficienc of w
EAt REC0RD�
Doc ID:90918dcfa82e75a402f3ef724b9c9a37c1da6f17
is acknowledged,the City and Plaintiff agree that:
1. Judy Ann Williams, Plaintiff herein, for and in consideration of payment by t
City of Fort Worth to Judy Ann Williams and her attorney, Scott Brown, of Loncar&Associate; ,
the sum of One Hundred and Twenty-Five Thousand Dollars ($125,000.00) in full and fire
settlement of all claims against the City,its agents,employees,workers or representatives,arisen
out of Plaintiff's alleged injuries, and the receipt and sufficiency of such consideration heir,
hereby acknowledged and confessed by Plaintiff, does for herself,her representatives, successo
and assigns, unconditionally release, acquit and forever discharge the City of Fort Worth, and i s
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 whit
said Plaintiff might assert by reason of the above described incident together with all clai
heretofore asserted in Cause No. 141-317545-20, in the 141st District Court, Tarrant Coun ,
Texas, including claims for physical pain and suffering (past and futurc), medical expenses (p t
and future), physical impairment (past and future), and any other kind, character or nature7f
damage which could or might be the subject of a claim by her arising from the incident hereinabo le
described.
2. In consideration of the payment described above,Plaintiff agrees to indemnify aiqd
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 broupt
by Plaintiff Williams,or by anyone on her behalf, arising out of the above described incident.
3. For the same consideration, Plaintiff Williams declares and warrants that all
medical,hospital,and/or other expenses of any and every nature and character whatsoever incurred
by her, or on her behalf, or in any way pertaining to or arising out of the injury that allegedly
occurred on or about July 29, 2018, 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 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,partnershi ,
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 JUDY ANN WILLIAMS 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 FUL Y
SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE OR OTH�R
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,
Compromise Settlement Agreement and Release of All Claims
Judy Ann Williams-Cause No. 141-317545-20 Page 2
Doc ID:90918dcfa82e75a402f3ef724bi9c9a37clda6fl7
PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST
ANY SUCH CLAIM.
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 her attorney,Scott Brown,to prepare and
file the appropriate Motion and Order of Dismissal,with prejudice,with respect to Judy Williams's
claims and causes of action in the above entitled and numbered case against the City. And, in this
connection,Plaintiff Williams 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. It is understood and agreed that all taxable court cosfs will be paid by the paror
incurring same.
7. This Compromise Settlement Agreement and Release*of All .Claims may .b
executed in a number of identical counterparts, each of which shall be deemed an original for al
purposes.
8. Plaintiff, Judy Ann Williams, 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.
9. By her signature hereto,Judy Ann Williams, Plaintiff,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 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 her 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
Judy Ann Williams-Cause No. 141-317545-20 Page 3
Doc ID:90918dcfaB2e75a402f3ef724b9c9a37clda6fl7
Y�wy 60dGAW
JUDY ANN WILLIAMS,Plaintiff
12/ 10/2021
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared JUDY ANN
WILLIAMS,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 1d ay of 2021.
1
S1'IP,t�`pit10 20 A Notary ublic and the State of Texas
IM loot,���4�i FjRp1t�
[ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES]
OFFICIAL RE ORD
CITY SECRE ARY
FT. WORTH,TX
Compromise Settlement Agreement and Release of All Claims
Judy Ann Williams-Cause No. 141-317545-20 Page
Doc ID:90918dcfa82e75a402f3ef724b9c9a37clda6fl7
APPROVED:
Date: 12/10/2021
Attorney for P1aintt7_
Scott Brown
Loncar&Associates
CITY OF FORT WORTH:
APPROVED:
�— Date:
Assistant City Man ger
CITY OF FORT WORTH
APPROVED:
Date:
Attorney for Defendant, Cityof Fort Worth
Harvey L. Frye,Jr.
Sr. Assistant City Attomey
ATTEST:
Date: ALL-1
Ja ette Goodall, City Secretary
Compromise Settlement Agreement and Release of All Claims
Judy Ann Williams-Cause No. 141-317545-20 Page 5
Doc ID:90918dcfa82e75a402f3ef724b9c9a37clda6fl7
HELLOSIGN Audit Trail
TITLE Settlement Release
FILE NAME Settlement Agreement-Williams.pdf
DOCUMENT ID 90918dcfa82e75a402f3ef724b9c9a37clda6fl7
AUDIT TRAIL DATE FORMAT MM/DE)/YYYY
STATUS Completed
Document History
LJ 12/10/2021 Sent for signature to Judy Williams
SENT 19:56:34 UTC audy53williams@gmail.com)from sojeda@loncarlyonjenkins.c m
IP: 12.51.239.219
1211012021 Viewed by Judy Williams Qudy53williams@gmail.com)
VIEWED 19:57:24 UTC IP:47.38.203.194
-k--, 12/10/2021 Signed by Judy Williams Qudy53williams@gmail.com)
SIGNED 20:00:20 UTC IP:47.38.203.194
O 12/10/2021 The document has been completed.
COMPLETED 20:00:20 UTC
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