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HomeMy WebLinkAboutContract 57546 CITY SECRETARY r++TRACT NO. 57 S Yo CSQ REC'D MAY 12'22 AM9:5O CAUSE NO.342-316676-20 STEVEN KEYS:AND SHERI § IN THE DISTRICT COURT EDWARDS § PlaintiffS, § § TARRANT COUNTY,TEXAS VS. § CITY OF FORT WORTH § § 342"JUDICIAL DISTR5ICT Defendant. COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Sheri Edwards, Plaintiff in the above-entitled and numbered cause, alleges that she was injured on or about April 27,2019,when the vehicle that Steven Keys was driving westbound on East Hattie Street in Fort Worth,in which Sheri Edwards was a passenger,was struck by a City of Fort Worth police department vehicle owned by the City of Fort Worth(sometimes referred to herein as"City"or"the City")and operated by an employee of the City;and WHEREAS, Plaintiff further alleges that negligence of the City of Fort Worth along with the negligence of its employee proximately caused the above-described accident; and, WHEREAS, as a result of such accident and the alleged injury of Sheri Edwards,Plaintiff filed suit against the City in the above-entitled and numbered cause,reference being;made to the pleadings on file for a more full and complete description of Plaintiffs claims and cause of action; and, 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 and representatives,and all others connected with or in privity with the City,arising out of or connected OFFICIAL RECORD COMPROMISE SETTLEMEN AGREEMENT AND RELEASE OF ALL CLAIMS-S.Edwards P e I CITI SECRETARY FT W RTH,TX in any way with the above described accident in consideration of payment by the City jointly to Plaintiff and her attorney,Nic Coward,of the sum of Thirty Five Thousand Dollars ($35,000.00) in full and final settlement of all claims arising out of the alleged injuries of Sheri Edwards and Plaintiff acknowledges that it is the intention of this agreement to compromise and settle all claims against the City under any other theory,whatsoever; and, WHEREAS, even though City denies any liability of any kind on account of the alleged incident made the subject of Plaintiffs suit,City has agreed to the payment terms described above in compromise and settlement of disputed claims and in order to avoid further time consuming and costly litigation. THE PARTIES AGREE AS FOLLOWS: 1. That Sheri Edwards, Plaintiff herein, for and in consideration of payment by the City of Fort Worth,jointly to Plaintiff, Sheri Edwards, and her attorney,Nic Coward, of the sum of Thirty-Five Thousand Dollars ($35,000.00)in full and final settlement of all claims includi#g injuries arising out of the April 27,2019 incident herein described,the receipt and sufficiency f such consideration being hereby acknowledged and confessed, Plaintiff does hereby 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 Plain ' might assert by reason of the above described incident together with all claims heretofore asse in Cause No. 342-316676-20, in the 342 d Judicial District, Tarrant County, Texas, including claims of any other kind, character or nature of damage which could or might be the subject of a claim by her arising from the incident hereinabove described. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Edwards Page 2 2. That in consideration of the payment described above,Plaintiff agrees to inde and forever hold harmless and defend the City of Fort Worth,and all agents,employees,work.Irs 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, or by anyone on her behalf, arising out of the above described incident. Plaintiff further represents that she is the only person entitled to act on her behalf.In short,Plaint ff represents that she is the only person authorized to pursue any claim or cause of action arising from the alleged injuries and she agrees to defend, indemnify and hold harmless the City of Fort Worth against any claim hereafter asserted by anyone as a result of such alleged injuries. 3. For the same consideration, Plaintiff declares and warrants that all medical, hospital,and/or other expenses of any and every nature and character whatsoever incurred by her, or anyone else on her behalf or in any way pertaining to or arising out of the injury that allege y occurred on or about April 27,2019,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 harml�ss Defendant,City of Fort Worth and any other person,corporation,association,partnership;or entity in privity with or connected with them 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 cr fede al statute, rule, or regulation. PLAINTIFF REPRESENTS THAT NONE OF THE MEDIC BILLS HAVE BEEN PAID BY MEDICARE, MEDICAID, OR BY ANY O GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF S MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID, OR SOME OTH R COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Edwards Page 3 GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER,PLAINTIFF WILL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE, MEDICAID, 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. 4. That 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 doubtful and 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. That Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter,with prejudice,and she hereby authorizes and directs her attorney,Nic Coward, to approve an Agreed Order of Dismissal,with prejudice,with respect to her claims and causes of action in the above entitled and numbered case. And,in this connection,Plaintiff 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. That it is understood and agreed that all taxable court costs will be paid by the parry incurring same. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Edwards Page 4 7. That 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. That Plaintiff Sheri Edwards 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. That, by her signature hereto, Sheri Edwards 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 her 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. 10. That,whether specifically stated or not,any reference herein to`Plaintiff'or"S Edwards"refers to Plaintiff, Sheri Edwards. This agreement shall be effective as of the date the last party signature is affixed hereto las indicated by the dates set forth below the respective signatures. S eri dwards,Plaintiff Date: STATE OF TEXAS § COUNTY OF TARRANT § OFFICIAL RECC RD CITY SECRETA y FT. WORTH, COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Edwards Page BEFORE ME,the undersigned authority,on this day personally appeared Sheri Edwards, known to me to be the person whose name is subscribed to the foregoing instrument, aad acknowledged to me that she executed the same as her free act and deed for purposes aad consideration therein expressed. GIVEN UNDER. MY HAND AND SEAL OF OFFICE this (10 day of dim ,2022. -A- ���7;k CATHERINE VICTORIA CHAVEZ L Notary Public,State of Texas Notary an r the State of Texas k .4, Comm.Expires 08-OB 2022 � Notary ID 131670896 OFFICIAL ECORD CITY SEC ETARY FT. WORt",TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Edwards Page APPROVED AND AGREED TO: -- Date: 5-6-2022 Nic Coward Witherite Law Group,PLLC 10440 N.Central Expressway Suite 400 Dallas,TX 75231-2228 Telephone: (214)378-6665 Nic.Coward(@,witheritelaw.com APPROVED: ,e Date: X//Z/;z0'zz Assistant City Manager CITY OF FORT WORTH APPROVED A TO FORM: Date: S 1 2 Z tep n A. �e tant City Attorney Oette Date: odall,City Seer e ry OF F0� h OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS-S.Edwards Page 7