HomeMy WebLinkAboutContract 58323 CITY SECRETARY
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CAUSE NO.096-330925-21
DESTINY THURMAN,Individually, § IN THE DISTRICT COURT
and CHRISTINA BROWN,Individually §
Plaintiff §
V. §
JUSTIN KNIGHT,Individually, § 96TH JUDICIAL DISTRICT
and THE CITY OF FORT WORTH, §
TEXAS PARTICULARLY THE FORT §
WORTH POLICE DEPARTMENT, §
Individually §
Defendants § TARRANT COUNTY,TEXAS
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
I. RECITALS
WHEREAS, Destiny Thurman, Plaintiff in the above-entitled and numbered cause
("Plaintiff"), alleges that on or about December 21, 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, Thurman, 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 Plaintiff's 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
Destiny Thurman, and her attorney Roberto L. Sanchez, the surn of Nineteen Thousand Two
Hundred Fifty Dollars ($19,250.00) in Rill and fuial 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 anykind on account of the alleged
incident made the subject of Plaintiffs 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 time
consuming and costly litigation.
OFFICIAL RECORD
CITY SECRETARY
CSC vr;710;) FT. WORTH,TX
0.1�T 27'2p m,8
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. Destiny Thurman,Plaintiff herein,for and in consideration of payment by the City
of Fort Worth to Destiny Thurman and her attorney, Roberto L. Sanchez, the sum of Nineteen
Thousand Two Hundred Fifty Dollars($19,250.00)in-Rill 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 asserted
in Cause No. 096-330925-21, in the 96th District Court, Tarrant County, Texas, including claims
for physical pain and suffering (past and future), medical expenses (past and future), physical
impairment (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 Thurman, or by anyone on her behalf., arising out of the above described incident.
3. For the same consideration, Plaintiff, Thurman, 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 December 21, 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 DESTINY
THURMAN 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-
Compromise Settlement Agreement and Release of All Claims-Destiny Thurman T
Thurman v. City of'Fort Worth- Cause No.096-330925-21 Page 2
STATE OF ( 0.. §
COUNTY OF p §
BEFORE ME, the undersigned authority, on this day personally appeared DESTINY
THURMAN,known to me to be the person whose name is subscribed to the foregoing instrument,
and acluiowledged 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 day of 12022.
MARIA G ROBLES
Notary ID#33410931
^ My Commission Expires
April 14,2024 Notary Public in and for the State of Texas
[ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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Comps-omise Settlement Agreement and Release of All Claims-Destiny Thurman
Thurman v. City o/'Fort iVorth-Cause No.096-330925-21 Page 4
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APPROVED: d
A
2Date; 'J' 22
Attorney for Plaintiff i
Roberto L. Sanchez
The Law Firin of Roberto L. Sanchez I
CITY OF FORT WORTH:
1
APPROVED:
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Date: -8/*�202Z
Assistant City Manager
CITY OF FORT WORTH
APPROVED:
Date:
Attorney for Defendant, Cis of Fort Worth
Harvey L. Frye Jr.
Sr.Assistant City Attorney
ATTEST:
Date: r '! .
iuiette S, Goodall, City Secretary
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Compromise Settlement Agreement and Release of All Claims-Destiny Thurman UPFICIArUCORD
Thurman v. City of Fort Worth-Cause No. 096-330925-21 CITY"SI tETARY
FT WORTH,Tx