HomeMy WebLinkAboutContract 58660CAUSE NO. 342-334805-22
LORAINE DA VIS, AS NEXT FRIEND
OF G.S., A MINOR, AND L.S., A
MINOR
Plaintiffs
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IN THE DISTRICT COURT
v.
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342ND JUDICIAL DISTRICT
CITY OF FORT WORTH AND
OFFICER DAVID GRIGSBY
Defendants TARRANT 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
Loraine Davis, As Next Friend of L.S., a minor (Plaintiff) and her attorney Stephen C. Pipkin,
of The Pipkin 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.S., the sum of $12,500.00.
Payment of $12,500.00 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 21, 2021.
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.S. arising out of or having to do with the claims, causes of action or allegations described in
Plaintiffs 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, Loraine Davis, As Next Friend of
L.S., a minor, does in her representative capacity does, for the minor Plaintiff, her heirs executors,
administrators, successors and assigns, hereby release, acquit and fo ever 1schar e the C ty of
Fort Worth, and its employees, attorneys, and council members, int lffl 1 · idual
Compromise Settlement Agreement and Release of All Claims (L.S.)
Cause No. 342-334805-22; Loraine Davis, et al. v. City of Fort Worth
CITY SECRETARY
Page I of 6
capacities, including their successors and assigns, from any and all claims, demands , attorney's
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 21, 2021.
4. This Release is intended to extinguish any and all debts , obligations or causes of
action existing between Minor Plaintiff L.S. and the City concerning a certain accident which
occurred on April 21 , 2021.
5. It is the intention of Plaintiff and the City that this release shall be effective as a full
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. Loraine Davis warrants and represents that she is the natural parent, guardian and
next friend of the Minor Plaintiff, L.S., 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. Loraine Davis represents and
testifies that this settlement and agreement is in the best interest of the Minor Plaintiff, L.S.
7. Loraine Davis, in her representative capacity, does for the minor Plaintiff L.S., and
his/her successors, heirs, executors, administrators, representatives, insurers, agents, and assigns,
covenant and agree that she 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.S.
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 of All Claims (L.S.)
Cause No. 342-334805-22; Loraine Davis, et al. v. City of Fort Worth Page 2 of 6
9. Loraine Davis, As Next Friend of L.S., a minor, declares and warrants that all
medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred
by Plaintiff L.S., or on Plaintiff L.S. 's behalf, or in any way pertaining to or arising out of the
injury that allegedly occurred on April 21, 2021 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 L.S. HA VE 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
GOVERNMENT AL OR QUASI-GOVERNMENT AL 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 L.S. WITH ANY OTHER LAW FIRM OR
ATTORNEY WHO MAY BE OWED FEES RELATED TO TIDS 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, Stephen C. Pipkin, attorney for Loraine
Davis, As Next Friend of L.S., 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 of All Claims (L.S.)
Cause No. 342-334805 -22 ; Loraine Davis, et al. v. City of Fort Worth Page 3 of 6
17. Loraine Davis, As Next Friend of L.S., a minor, 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 Plaintiffs attorney and that
it is fully understood.
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Compromise Settlement Agreement and Release of All Claims (L.S.)
Cause No. 342-334805-22; Loraine Davis, et al. v. City of Fort Worth Page 4 of 6
This agreement should be effective as of the date the last party signature is affixed hereto
as indicated by the dates set forth below.
THE STATE OF J<::xc,s
COUNTY OF DoJ.A ll5
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LO INE DA VIS AS NEXT FRIEND OF L.S.,
AMINOR
Date: / ,J. /4 9 /4 ,;J
, i
This instrument was acknowledged before me on the }q~ day of .Oer erriba:, 2022
by Loraine Davis as Next Friend ofL.S., a Minor.
My Commission Expires: 0 4 -20 -ZOZ(p
,,,.,,,,,
.t1t;\':".~~~,.~ ALIZA M. GONZALEZ
sf(J.,,;.:~= Notary Public, State of Texas
\~1_!5-.:,,;j Comm. Expires 04-20-2028 -,,._.-°' 1'-:,~ N
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Compromise Settlement Agreement and Release of All Claims (LS .)
Cause No. 342-334805-22; Loraine Davis, et al. v. City of Fort Worth Page 5 of 6
)
APPROVED:
Attorney for Plaintiff
Stephen C . Pipkin
The Pipkin Law Firm
Atto~Litem
David A. Frisby
CITY OF FORT WORTH:
APPROVED:
Assistant City Manager
City of Fort Worth
APPROVED:
Attorney for Defendant, City of Fort Worth
Harvey L. Frye Jr.
Sr. Assistant City Attorney
ATTEST:
Jannette S. Goodall, City Secretary
Date: _________ _
Date: 12/14/2022
Date: _________ _
Date: _________ _
Date: _________ _
Compromise Settlement Agreement and Release of All Claims (L.S.)
Cause No. 342-334805-22; Loraine Davis, et al. v. City of Fort Worth Page 6 of 6
APPROVED:
A~laintiff
Stephen C. Pipkin
The Pipkin Law Firm
Attorney Ad Litem
David A. Frisby
CITY OF FORT WORTH:
APPROVED:
Assistant City Manager
City of Fort Worth
APPROVED:
Attorney for Defend
Harvey L. Frye Jr.
Sr. Assistant City Attorney
ATTEST:
Date: _________ _
Date: __ /._~-7"'~-/.....:.~,L~-c-~ __ _
I /
Compromise Settlement Agreement and Release of All Claims (L.S .)
Cause No. 342-334805-22; Loraine Davis, et al. v. City of Fort Worth Page 6 of 6