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HomeMy WebLinkAboutContract 57972 CITY SECRETARY Jc 7q 7a CONTRACT NO. CAUSE NO. 017-326386-21 CAROLYN GALVEZ, § IN THE DISTRICT COURT Plaintiff`' § V. § 17TH JUDICIAL DISTRICT CITY OF FORT WORTH,ET AL. § Defendant § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Carolyn Galvez, Plaintiff in the above-entitled and numbered cause ("Plaintiff), alleges that on or about August 26, 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, Galvez, 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 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 Carolyn Galvez,and her attorney Larry Rolle,of Rolle Law,the sum of One Hundred and Twenty- Five Thousand Dollars($125,000.00)in full and final settlement of all claims against the City,its agents,employees,workers or representatives,arising out of the Plaintiffs 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 finther 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: I— OFFICIAL RECORD CSO REC'D CITY SECRETARY 1UG 10'22 FM4:49 FT. WORTH,TX 1. Carolyn Galvez, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Carolyn Galvez and her attorney, Larry Rolle, of Rolle Law, the sum of One Hundred and Twenty-Five Thousand Dollars ($125,000.00) 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 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 asserted in Cause No. 017-326386-21,in the 17th District Court,Tarrant County,Texas,including claims for physical pain and suffering (past and future), medical expenses (past and future), physical impainnent (past and future), and 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. 2. In consideration of the 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 Galvez,or by anyone on her behalf;arising out of the above described incident. 3. For the same consideration, Plaintiff:', Galvez, 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 August 26,2019,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 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 CAROLYN GALVEZ HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI- GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER 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. Compromise Settlement Agreement and Release of All Claims Galvez v. City of Fort Worth-Cause No.0 17-3263 86-21 Page 2 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. S. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter,with prejudice,and hereby authorizes and directs her attorney,Larry Rolle,to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Carolyn Galvez' claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff Galvez 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, Carolyn Galvez, 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, Carolyn Galvez,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 Galvez v. City of Fort Worth-Cause No.017-326386-21 Page 3 ROT GALVEZ,Plaintiff Date: 0y—27 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared CAROLYN GALVEZ,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 thiiMy of �Ur&-'2022. "rY''skx NATALY ROJAS My Notary M�13239�.�M - Expirss Mamh 9.2024 Notary Publi and the State of Texas rt CF i4,. [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Compromise Settlement Agreement and Release of All Claims Galvez v. City of Fort Worth-Cause No.0 17-3263 86-21 Paget 4 APPROVED: _ _ _& Date: 06/27/2022 Att mey for Plaintiff Larry Rolle Rolle Law CITY OF FORT WORTH: APPROVED: Ceps Date:8�9�2oZ.2 Assistant ity Manager CITY OF FORT WORTH APPROVED: Date: �— Attorne or Defendant ity of Fort Worth Harvey L. Frye Jr. Sr.Assistant City Attorneyg F7 ATTEST: V; _ hta .,=vz'' Date: jitft. Goodall,City Secretary OFFICIAL RECORD CITY SECRETARY Compromise Settlement Agreement and Release of All Claims FEW X Galvez v. City of Fort Worth-Cause No.017-326386-21