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Home My WebLink AboutContract 59126CAUSE NO. 2019-003102-1 ROSA O. ZAPATA AND PAOLA RODRIGUEZ, INDIVIDUALLY AND AS NEXT FRIEND OF A.R.R., AMINOR Plaintiffs v. CITY OF FORT WORTH CITY SECRETARY ~ g l CX CONTRACTNO. u {o IN COUNTY COURT ATLAWNUMBERl Defendant § § § § § § § § § § § § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Adriana Rodriguez, Plaintiff in the above-entitled and numbered cause ("Plaintiff''), alleges that on or about September 20, 2018, she received personal injuries in an automobile accident when the vehicle in which she was a passenger 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, Rodriguez, 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 Adriana Rodriguez, and her attorney Etan Cabrero, the sum of Fifteen Thousand Dollars ($15,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of the Plaintiff'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 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; and I '-- "·,~~,~~Al RECORD .. , ifCR ETARY /1 •J'\/O RTH, TX WHEREAS, Plaintiff, Adriana Rodriguez, was a minor at the time of the accident in question and at the time of the filing of this lawsuit and , accordingly , suit was filed on her behalf by her Next Friend, Paola Rodriguez; and WHEREAS Plaintiff, Adriana Rodriguez has now attained her majority and is fully competent to enter into this settlement agreement on her own behalf: 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 are acknowledged , the City and Plaintiff agree that: 1. Adriana Rodriguez, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Adriana Rodriguez and her attorney, Elan Cabrero, the sum of Fifteen Thousand Dollars ($15,000.00) in full 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. 2019-003102-1, in County Court at Law No . 1, 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 Rodriguez, or by anyone on her behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff, Rodriguez , 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 September 20, 2018, 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. Compromise Settlement Agreement and Release of All Claims -Adriana Rodriguez Cause No. 2019-003102-1; Zapata v. City of Fort Worth Page 2 of6 PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF ADRIANA RODRIGUEZ HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENT AL 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, PARTNERSIDP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. 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. Plaintiff, Adriana Rodriguez acknowledges that she and her attorney, Elan Cabrero, are the only parties entitled to the proceeds of this settlement and agrees to defend and indemnify the City of Fort Worth and all persons or entities connected with the City of Fort Worth against any person or entity who claims to be entitled to the proceeds of this settlement. 5. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Elan Cabrero, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Adriana Rodriguez's claims and causes of action in the above entitled and numbered case against the City . And, in this connection, Plaintiff Rodriguez 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, Adriana Rodriguez, 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, Adriana Rodriguez, 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 Compromise Settlement Agreement and Release of All Claims-Adriana Rodriguez Cause No. 2019-003102-1; Zapata v. City of Fort Worth Page 3 of6 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 . I 0. Paola Rodriguez acknowledges that Adriana Rodriguez has attained her majority and , along with her attorney is entitled to the proceeds of this settlement and Paola Rodriguez does not claim to be entitled to any of the proceeds of this settlement , in either her individual or representative capacity , and releases the City of Fort Worth and all persons and entities connected with the City of Fort Worth to the same extent as Adriana Rodriguez has released them. 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 TARRANT § Date: ·3-'13 .... &--'3 BEFORE ME , the undersigned authority, on this day personally appeared ADRIANA RODRIGUEZ , 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 this ~ day of ,~, 2023. ,,,111111,, AMANDA V. RODRIGUEZ ~~'1'1'11.'1, "r. ~"i··::J;;Ji:-::.NotArv Public, State of ,exa• Notary Public in and for the State of Texas t:._~}•g Comm. Expire• 0&-10-2028 ~i·°'·~ Notary ID 129824262 '''""'' Compromise Settlement Agreement and Release of All Claims-Adriana Rodriguez Cause No. 2019-003102-1 ; Zapata v. City of Fort Worth Page 4 of6 STATE OF TEXAS § COUNTY OFT ARRANT § BEFORE ME , the undersigned authority , on this day personally appeared PAOLA RODRIGUEZ, 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 thisd--'s day of ~ , 2023. ,,,,'!!'p"'', AMANDA V. RODRIGUEZ ,,~· lf<t,'~ fi:·-::K;;~'ti% Notary Publlo, State of Tex.at ~~---~.l-§ Comm . Explr .. 08-10-2028 NotaryPubliZin and for the State of Texas -:-,J!f 'i;/'%-Notary ID 129824262 ''""\ [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] Compromise Settlement Agreement and Release of All Claims-Adriana Rodriguez Cause No. 2019-003102-1; Zapata v. Ci ty of Fort Worth Page 5 of6 APPROVED: Attorney for Plaintiff Elan Cabrero Zadeh Firm Attorneys CITY OF FORT WORTH: APPROVED: Assistant City Manager CITY OF FORT WORTH APPROVED: Attorney for Defendant, City fFort Worth Harvey L. Frye Jr. Sr. Assistant City Attorney ATTEST: Date: March 24, 2023 Date: 3/z-f/2~23 -----,,,-...;..----'---=------- Compromise Settlement Agreement and Release of All Claims-Adri rra Iwdrigue-----. Cause No. 2019-003102-1; Zapata v. City of Fort Worth OFFICIAL RECOR age 6 of 6 CITY SECRETARY FT. WORTH, TX