HomeMy WebLinkAboutContract 57429 -D CITY SECRETARY cl
5 2022 r' "TPACT N0-_ 5 74 aP?\ CAUSE NO. 153-323806-21
GISELA GARCIA-MARTINE4 § IN THE DISTRICT COURT
MARIA GARCIA,INDIVIDUALLY, §
AND AS NEXT FRIEND OF L.G.,A §
MINOR §
Plaintiffs §
§ 153"JUDICIAL DISTRICT
V. §
NATHAN HOLSEY,AND §
CITY OF FORT WORTH,TEXAS §
Defendants § TARRAN'T COUNTY,TEXAS
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
For and in consideration of the mutual promises and agreements made herein, and other
valuable consideration,the receipt and sufficiency of which is acknowledged,the City and Gisela
Garcia-Martinez, As Next Friend of L.G., a minor (Plaintiff) and her attorney Armin R.
Mizani,of the Mizani Law Firm agree that:
1. Plaintiff agrees to release, settle, compromise and discharge the City as set out
herein, the City agrees to pay to or on behalf of Minor Plaintiff, L.G., the sum of$5,000.00.
Payment of$5,000.00 will be deposited into the registry of the court in full and final settlement of
all claims against the City its agents, employees, workers or representatives, arising out of
Plaintiffs injuries that allegedly resulted from a certain accident which occurred on April 5,2019.
2. In consideration of the terms and provisions of this settlement agreement and
release,as herein stated,Plaintiff agrees and does hereby release,acquit and forever discharge the
City of Fort Worth, and its employees, attorneys, and council members, in their official and
individual capacities, including their successors and assigns, from any and all claims, demands,
suits, debts, promises, damages,judgments, executions, guaranties or warranties whatsoever in
law or in equity, actions and causes of action of whatever kind and character whether in contract
or in tort, known or unknown, presently existing or which might ever accrue to Minor Plaintiff,
L.G. arising out of or having to do with the claims, causes of action or allegations described in
Plaintiff's claims as well as from any other claims, demands, suits, debts, promises, damages,
judgments, executions, guaranties or warranties whatsoever which might arise as a result of any
actions or conduct of the City of Fort Worth.
3. For the same consideration as herein set out, Gisela Garcia-Martinez, As Next
Friend of L.G., a minor, does in her representative capacity does, for the minor Plaintiff, her
heirs, executors, administrators, successors and assigns, hereby release, acquit and forever
discharge the City of Fort Worth, and its employees, attorneys, and council members, i their
official and individual capacities,including their successors and assigns, from any and all claims
r;',� -'UA. kLLORD
Compromise Settlement Agreement and Release ofAll Claims ' . `'iY
Garcia-Martinez-Cause No. 153-323806-21 V e,,'^ Paged I
demands, attorneys fees, penalties, actions and causes of action of whatever kind and character,
whether in contract or in tort,known or unknown,presently existing or which may accrue in the
future, arising a certain accident which occurred on April 5,2019.
4. This Release is intended to extinguish any and all debts, obligations or causes of
action existing between Minor Plaintiff L.G. and the City concerning a certain accident which
occurred on April 5,2019.
5. It is the intention of Plaintiff and the City that this release shall be effective as a hall
and final accord and satisfaction and as a bar to all actions, causes of action, costs, expenses,
attorney's fees, damages, claims, and liabilities whatsoever, whether or not known, suspected,
claimed or concealed. Plaintiff expressly waives and relinquishes any and all rights and benefits
which Plaintiff may have under Texas and Federal statute or common law principal,to the fullest
extent that Plaintiff may lawfully waive such rights or benefits pertaining to the release of claims
against the City. In connection with such waiver and relinquishment,Plaintiff acknowledges that
she is aware that she may hereafter discover claims,liens, or facts in addition to or different from
those which she now knows or believes to exist with respect to the subject matter of this release,
but it is her intention to fully, finally and forever settle and release all of the disputes and
differences known or unknown,suspected or unsuspected which do now exist,which may exist in
the future, or have existed between Plaintiff and the City arising out of or in connection with the
released claims.
6. Gisela Garcia-Martinez warrants and represents that she is the natural parent,
guardian and next friend of the Minor Plaintiff,L.G., and no other party or entity owns or holds
any claim or cause of action by, for or through the minor Plaintiff regarding the circumstances
arising from the matters contained in this Release and Settlement Agreement. Gisela Garcia-
Martinez represents and testifies that this settlement and agreement is in the best interest of the
Minor Plaintiff L.G.
7. Gisela Garcia-Martinez, in her representative capacity, does for the minor
Plaintiff,and her successors,heirs,exccutors,administrators,representatives,insurers,agents,and
assigns, covenant and agree that he will not institute any suit or action, or prosecute or in any
manner voluntarily aid in the institution or prosecution of any claim,demand,suit,action or cause
of action,State or Federal,against the City of Fort Worth,and its employees,attorneys,and council
members, in their official and individual capacities, including their successors and assigns, with
respect to any matter, cause or thing whatsoever arising out of, based in whole or in part upon,
relating to,or existing,by reason of the transaction,events,occurrences,acts,omissions or failures
to act,of whatever kind or character whatsoever,alleged or which could have been alleged,in this
litigation with regards to L.G.
8. The purpose of this Agreement is to accomplish the compromise and settlement of
disputed and contested claims, and nothing in this agreement shall be construed as an admission
by any party to this agreement of any liability of any kind to any other party to this agreement.
The City denies the allegations set out in the claim and further denies the City is liable to Plaintiff
in any respect whatsoever.
Compromise Settlement Agreement and Release o,fA11 Claims
Garcia-Maninez-Cause No. 153 323806-21 p�2
9. Gisela Garcia-Martinez,As Next Friend of L.G.,a minor,declares and warrants
that all medical,hospital,and/or other expenses of any and every nature and character whatsoever
incurred by Plaintiff,or on Plaintiff's behalf,or in any way pertaining to or arising out of the injury
that allegedly occurred on April 5, 2019, made the basis of this claim, have been or will be paid
or compromised by Plaintiff, and hereby agrees to 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 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 LG HAVE BEEN PAID BY MEDICARE 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.
PLAINTIFF ALSO REPRESENTS THAT SHE WILL FULLY SATISFY ALL
LEGAL BILLS INCURRED BY PLAINTIFF WITH ANY OTHER LAW FIRM OR
ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER.
11. This Agreement shall be governed by,interpreted,and enforced in accordance with
the laws of the State of Texas applied to contracts made in Texas to be wholly performed in Texas
by Texas domiciliaries.
13. By his signature hereto, the undersigned, Armin R. Mizani, attorncy for Gisela
Garcia-Martinez,As Next Friend of L.G.,a minor,and his law firm,hereby release the City of
Fort Worth to the same extent Plaintiff has released them,from any cause or causes of action which
said attorney or his law firm may have by virtue of assignment or otherwise arising out of the
alleged incident made the basis of the above-entitled referenced claim.
14. This Agreement shall constitute the complete expressions of the terms of the
settlement. All prior and contemporaneous agreements, representations, and negotiations are
superseded.
15. If any provision of this Agreement is illegal or unenforceable, then that provision
shall be deemed stricken and all remaining provisions shall remain in force and effect.
16. 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.
Compromise Settlement Agreement and Release ofAll Claims
Garcia Martinez-Cause No. 153-323806--21 Page 3
17. Gisela Garcia-Martinez, As Next Friend of L.G., a minor, represents and
aclmowledges that this Compromise Settlement Agreement and Release of All Claims has been
read in its entirety before signing and that it has been fiilly explained,in detail,to her by Plaintiff's
attorney and that it is fully understood.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLAND
Compromise Settlement Agreement and Release ofAll Claims
Garcia Martinez-Cause No. 153-323806-21 Page 4
This agreement should be effective as of the date the last party signature is affixed
as indicated by the dates set forth below.
CA 5r_\ a t. C-1 T f� (a�
GISELA GARCIA-MARTINEZ AS NEXT
FRIEND OF L.G.,A MINOR
Date:
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the��day o 2022
by Gisela Garcia-Martinez as Next Friend of L.G.,a Minor.
`1,Y Pi MARGARET RODRIQUEZ v ^ n
Notary Public, State of Texas
Comm. Expires 03-02-2024 No blic in and for thotw&Texas
;� ... +
Notary ID 110465M
APP'RO:ED:
Date:
Attorney for Plaintiff
Armin R.Mizani
Mizani Law Firm
Date:
el k,Avant {
AVANT LAW FLRM
1595 North Central Expressway
Richardson,Texas 75080
(972)705-9600
(972)705-9601 Fax
anjel@gyantlaw -Com
Attorney Ad Litem
!�H�4CIA� RECORD
Compromise Settlement Agreementand Release ofAll Claims RETARY
Garcia-Martina-Cause No. 153-323806-11F�. H,TX
CITY OF FORT WORTH:
APPROVED:
--� Date: 4//z/,Za,22
Assistant City Manager
CITY OF FORT WORTH
APPROVED:
Date:
Attorney for Defendant, of Fort Worth
Harvey L. Frye,Jr.
Sr.Assistant City Attorney
FOR
ATTEST:
4
*' ate: ob G Z 2
v.
J ette S. Goodall, City Secretary
OFFICIAL,I ECORD
CITY SECF ETARY
FT. WOR H TX
Compromise Settlement Agreement and Release ofAll Claims
Garcia-Martinez-Cause No. 153 323846-21 P 6