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Home My WebLink AboutContract 58877CAUSE NO. 2022-003687-2 KIERRA SAMONE FLYNN § § Plaintiff § § v. § § ANDREW CHARLES SCHARF, § FORT WORTH POLICE § DEPARTMENT AND THE CITY OF § FORT WORffl § § Defendants IN COUNTY COURT ATLAWNO.2 TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Kierra Sam.one Flynn, Plaintiff in the above-entitled and numbered cause ("Plaintiff'), alleges that on or about July 4, 2020, 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 Kierra Samone Flynn further alleges that the negligence of the City of Fort Worth ("City'' or ''Defendant''), by way of its employee, Officer Andrew Charles Scharf, proximately caused the above-described accident; WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff Kierra Samone Flynn, 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 ofPlaintifIKierra Samone Flynn's claims and cause of action; WHEREAS, Plaintiff Kierra Sam.one Flynn 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 Kierra Sam.one Flynn, and her attorney Ryan T. Young, of the Law Offices of Kelly T. Curran, the sum of Twenty Seven Thousand Dollars ($27,000.00) in full and final settlement of all claims against the City, its agents, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX employees, workers or representatives, arising out of the accident described above and Plaintiff, Kierra Samone Flynn's, 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, Kierra Samone Flynn'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 further time consuming and costly litigation. D. 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 Kierra Samone Flynn agree that: 1. K.ierra Sam.one Flynn, Plaintiff herein, for and in consideration of payment by the CityofFortWorth to KierraSamone Flynn and her attorney, Ryan T. Young, of the Law Offices of Kelly T. Curran, the sum of Twenty Seven Thousand Dollars ($27,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of Plaintiff Kierra Samone Flynn alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, K.ierra Sam.one Flynn 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, Kierra Samone Flynn, might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 2022-003687- 2, in County Court at Law No. 2, Tarrant County, Texas, including claims for physical pain and suffering (past and future), medical expenses (past and future), physical impairment (past and future), property damage 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. Kierra Samone Flynn promises to indemnify, defend and forever hold harmless the City of Fort Worth against any such claims ever asserted. 2. In consideration of the payment described above, Plaintiff, Kierra Samone Flynn, 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 Kierra Samone Flynn, or by anyone on her behalf, arising out of the above described incident. Plaintiff, Kierra Samone Flynn, further agrees to indemnify, and forever hold harmless and defend the City of Fort Worth, and all agents, employees, workers and representatives of Compromise Settlement Agreement and Release of All Claims Cause No. 2022-003687-2; Kierra Samone Flynn v. City of Fort Worth, et al. Page2 of6 the City of Fort Worth, and all others connected with or in privity with the City of Fort Worth, its heirs, representatives and assigns, from any and all claims from any person or entity claiming to be entitled to any of the proceeds of this settlement or to any recovery, whatsoever, as a result of the accident mentioned above. 3. For the same consideration, Plaintiff, Kierra Samone Flynn, 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 July 4, 2020, made the basis of this litigation, have been or will be paid or compromised by Plaintiff, Kierra Samone Flynn, or Medicaid on behalf of Kierra Samone Flynn as further discussed below and Plaintiff, Kierra Samone Flynn, hereby agrees to defend, indemnify and hold harmless Defendant, City of Fort Worth, as well as its agents, employees, workers and representatives 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 KIERRA SAMONE FLYNN REPRESENTS THAT SOME OF BER MEDICAL BILLS HA VE BEEN PAID BY MEDICAID OR MEDICARE OR BY SOME AGENCY ASSOCIATED WITH MEDICAID OR MEDICARE SUCH AS, BUT NOT LIMITED TO, TEXAS MEDICAID & HEALIBCARE PARTNERSHIP (TMHP). KIERRA SAMONE FLYNN AND HER UNDERSIGNED ATIORNEY, RYANT. YOUNG OF THE LAW OFFICES OF KELLY T. CURRAN, PROMISE TO SATISFY ANY AND ALL CLAIMS EVER ASSERTED BY MEDICAID, MEDICARE OR SOME AGENCY ASSOCIATED WITH MEDICAID AND ANY OTHER PERSON OR ENTITY,WHATSOEVER, WHO MAY HAVE PAID, OR CLAIM TO HA VE PAID, ANY MEDICAL BILLS OR OTHER EXPENSES RELATED TO THE INJURIES ALLEGEDLY SUFFERED BY KIERRA SAMONE FLYNN AS A RESULT OF THE ACCIDENT DESCRIBED ABOVE AND TO INDEMNIFY, DEFEND AND FOREVER HOLD HARMLESS THE CITY OF FORT WORTH, ITS AGENTS, EMPLOYEES, WORKERS AND REPRESENTATIVES AND ANY OTHER PERSON CORPORATION, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH THEM AS WELL AS ANY PERSON, CORPORTION, ASSOCIATION, PARTNERSHIP OR ENTITY THEY ARE OR MAY BE REQUIRED TO INDEMNIFY, DEFEND OR HOLD HARMLESS AGAINST ANY CLAIM EVER ASSERTED BY MEDICAID, MEDICARE, OR SOME AGENCY ASSOCIATED WITH MEDICAID, MEDICARE AND ANY OTHER PERSON OR ENTITY, WHATSOEVER, WHO MAY HA VE PAID OR CLAIM TO HA VE PAID ANY MEDICAL BILLS OR OTHER EXPENSES RELATED TO THE INJURIES Compromise Settlement Agreement and Release of All Claims Cause No. 2022-003687-2; Kierra Samone FlyM v. City of Fort Worth, et aJ. Page3 of6 ALLEGEDLY SUFFERED BY KIERRA SAMONE FLYNN AS A RESULT OF THE ACCIDENT DESCRIBED ABOVE. IT IS THE INTENTION OF KIERRA SAMONE FLYNN AND HER ATTORNEY, RYANT. YOUNG, THAT THE TERMS OF THIS SETTLEMENT AGREEMENT AND RELESE OF ALL CLAIMS SHALL APPLY REGARDLESS OF WHAT THE FINAL AMOUNT PAID BY MEDICAID, MEDICARE OR ANY OTHER ENTITY TURNS OUT TO BE EVEN IF THAT AMOUNT IS GREATER THAN $232.81, WHICH IS WHAT THE PARTIES BELIEVE TO BE THE TOTAL AMOUNT PAID BY MEDICAID OR SOME ENTITY ASOCIATED WITH MEDICAID. IT BEING THE INTENTION OF THE PARTIES THAT THE CITY HA VE A FULL, COMPLETE AND UNCONDfflONAL RELEASE AND INDEMNITY. 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. 5. Plaintiff Kierra Samone Flynn agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Ryan T. Young, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Kierra Samone Flynn's claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff Kierra Samone Flynn 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, Kierra Samone Flynn, 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 his attorney and that it is fully understood. 9. By her signature hereto, Kierra Samone Flynn, Plaintiff, represents and declares that she is more than eighteen (18) years of age and is fully competent to enter Compromise Settlement Agreement and Release of All Claims Cause No. 2022-003687-2; Kim-a Samone Flynn v. City of Fort Worth, et al. Page4 of6 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. STATE OF TEXAS COUNTY OF ___ _ § § KIERRA SAM ONE FLYNN, Plaintiff Date: 1/23/2023 ------------- BEFORE ME, the undersigned authority, on this day personally appeared Kierra Samone Flynn, 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. rt- GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1JJ_ day of l:;t'37mU 2023. Compromise Settlement Agreement and Release of All Claims Cause No. 2022~03687-2; Kierra Samone Flynn v. City of Fort Worth, et al. Page 5 of6 APPROVED: A~ ttomey or amti Ryan T. Young Law Office of Kelly T. Curran CITY OF FORT WORTH: APPROVED: Assistant City Manager CITY OF FORT WORTII APPROVED: Attorney ffir Defen Harvey L. Frye Jr. Sr. Assistant City Attorney A'ITEST: Date: / /} 3/ ), ?J Date: / /4 3/2,0 ;z,3 I , Date: __ ;/_· _2_; ..... 0_23 __ _ Date: Compromise Settlement Agreement and Release of Mi "i:Jilifu{ Cause No. 2022-003687-2; Kierra Samone Flynn vi City of Fort Worth, et al. -Page &o: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX