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HomeMy WebLinkAboutContract 57217 i,;: f S Evnt-ia Rti'_XN �a 1 7 TRACT N0. 5_. DECEIVED MAP,-3 2022 CAUSE NO. 153-323806-21 CITY OF FORT WORTH Clrr'SGMIA GARCIA-MARTINEZ, § IN THE DISTRICT COURT MARIA GARCIA,INDIVIDUALLY, § AND AS NEXT FRIEND OF L.G.,A § MINOR § Plaintiffs § § 153D JUDICIAL DISTRICT V. § NATHAN HOLSEY,AND § CITY OF FORT WORTH, TEXAS § Defendants § TARRANT COUNTY,TEKAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Maria Garcia, Plaintiff in the above-entitled and numbered cause ("Plaintiff'), alleges that on or about April 5,2019, 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 Maria Garcia, suit was filed against the City in the above-entitled and nw.nbered eause, 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 ction of any kind which she 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 Maria Garcia, and her attorney Armin R. Mizani, of the Mizani Law Firm, the sum of Ten Thousand Two Hundred and Fifty Dollars ($10,250.00) in full and final settlement of all aims against the City, its agents, employees, workers or representatives, arising out of the Pl ' tff'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 furthei time consuming and costly litigation. OFFICIAL R CORD Compromise Settlement Agreement and Release of All Claims-Maria Garcia CITY SECR Garcia-Martinez-Cause No. 153-323806--21 FT. WOft"/TX 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. Maria Garcia, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Maria Garcia and her attorney, Armin R. Mizani, of the Mizani Law Finn, the sum of Ten Thousand Two Hundred and Fifty Dollars ($10,250.00) in full and final settlement of all claims against the City, its agents, employees,workers or representatives, arising out of Plaintiffs alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, does for herself, her 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 a serted in Cause No. 153-323806-21,in the 153rd District Court,Tarrant County,Texas,including claims for physical pain and suffering (past and future), medical expenses (past and future), p ysical 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 pnivity 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 Maria Garcia, or by anyone on her behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff Maria Garcia declares and warrants that all medical,hospital,and/or other expenses of any and every nature and character whatsoever in erred by her, or on her behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about April 5, 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 ha Mess Defendant,City of Fort Worth and any other person,corporation,association,partnership, or ntity in privity with or connected with theirs,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 MARIA GARCIA 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 OT IER Compromise Settlement Agreement and Release of All Claims-Maria Garcia Garcia-Martinez-Cause No. 153-323806-21 Paige 2 GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY FOR REIMBURSEMENT AND WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIA ION, 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 arties 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 NVorth, 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 n bered matter,with prejudice, and hereby authorizes and directs her attorney,Armin R.Mizani,to p epare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to aria Garcia's claims and causes of action in the above entitled and numbered case against the City. And, in this connection,Plaintiff Maria Garcia 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 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, Maria Garcia, represents and acknowledges that this Compr mise Settlement Agreement and Release of All Claims has been read in its entirety before sig g and that it has been fully explained, in detail, to him by his attorney and that it is fully understood. 9. By her signature hereto, Maria Garcia, 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, declaration 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 affixedhereto as indicated by the dates set forth below. Compromise Settlement Agreement and Release of All Claims-Maria Garcia Garcia-Martinez-Cause No. 153-323806-21 Paige 3 GQ YC iol' MARIA GARCIA, Plaintiff Date: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared GARCIA, 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 10 day of'F--fb '4 022. v0%111111111/ FILG< m: * ] *= Notax ublic in and for fh Stag of Te -� 6<9 rF or t h E 111 a r 1 i i10 ®®a®® [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] Compromise Settlement Agreement and Release of All Claims-Maria Garcia Garcia-Martinez-Cause No. 153-323806-21 Page 4 APPROVED: Date: Attorney for Plaintiff Annin R. Mizani Mizani Law Firm CITY OF FORT WORTH: APPROVED: Date: ZL23 /2022 Assistant City Manager CITY OF FORT WORTH APPROVED: �� / Date: Z� Attorney for befendant, Citya of Fort Worth Harvey L. Frye, Jr. Sr. Assistant City Attorney FART X. ATTEST: _ Date: ' b z 0 Z Z *"LA t-e S. Goodall, City Secretary OFFICIAL ELOW Compromise Settlement Agreement and Release of All Claims-Maria Garcia Y Garcia-Martinez-Cause No. 153-323806-21 FT. W fH;TX