The URL can be used to link to this page

Home My WebLink AboutContract 59288rZS T4CRINMA!� CAUSE NO, 236-333640-22 JOY IHEBINIKE § IN THE DISTRICT COURT Plaintiff § V. § 236TH JUDICIAL DISTRICT CITY OF FORT WORTH § Defendant § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIhIS I. RECITALS WHEREAS, Joy rhebinike, Plaintiff in the above -entitled and rumbered cause ("Plaintiff'), alleges that on or about June 26, 2022; she received personal injuries in an automobile accident when the vehicle which she was operating was struck by a City of Fort Worth 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, Ihebinike, 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 Joy Ihebinike, and her attorney Spencer P. Browne, the sum of Fifty Nine Thousand Four Hundred Sixty Eight Dollars ($59,468.00) 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 further time consuming and costly litigation. llT. 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 - RECORD .`ARETARY 1. Joy Ihebinike, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Joy Ihebinike and her attorney, Spencer P. Browne, the sum of Fifty Nine Thousand Four Hundred Sixty Eight Dollars ($59,468.00) 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. 236-333640-22, in the 236th 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 rhebinike, or by anyone on her behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff, Ihebinike, 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 June 26, 2022, 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 JOY IHEBINIKE 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 -Joy Ihebinike Cause No, 236-333640-22; Ihebinike v. City of Fort Worth Page 2 of 5 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, Joy Ihebinike acknowledges that she and her attorney, Spencer P. Browne, 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, Spencer P. Browne, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Joy Ihebinike's claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff Ihebinike 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, Joy Ihebinike, 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 filly understood. 9. By her signature hereto, Joy Ihebinike, 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. JOY IHEBINIKE, Plaintiff Date: 6> 3 f 3 f �Z'3 Compromise Settlement Agreement and Release of All Claims -Joy Ihebinike Cause No. 236-333640-22; Ihebinike v. City of Fort Worth Page 3 of 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared JOY IHEBINIKE, 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. sr GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31 day of Mafc,h , 2023. ."""�� CARLOS ESCOBEDO .�"*pY Fve! i�i _;; . � _Notary Public, scare or Texas r ublic in and for the State of Texas -N, ; /�1. t Comm. Expires 07-25-2026 �':'�;o��;.`� Notary ID 133874743 [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] Compromise Settlement Agreement and Release of All Claims -Joy Ihebinike Cause No. 236-333640-22; Ihebinike v. City of Fort Worth Page 4 of 5 APPROVED: 1�14 Attogley for Plaintiff Spencer P. Browne Reyes Browne Reilley CITY OF FORT WORTH: APPROVED: Assistant City Manager CITY OF FORT WORTH APPROVED: A orney for Defendant, Ci of Fort Worth Harvey L. Frye Jr. Sr. Assistant City Attorney ATTEST: «1 Iji-r� J nnette S. Goodall, City Secretary �dovoaUn�� ,� *®R� as v� "000'000000� 01 d 0 0 E•0 0A0' 000 0 d P�Q 00 00*� O 00 0 000000 4 Q44��oEXa►�4b Date: 3/31/2023 Date: -7 202 3 Date: Date: '�� / o; Compromise Settlement Agreement and Release of All Claims -Joy Ihebinike Cause No. 236-333640-22; Ihebinike v. City of Fort Worth Page 5 of 5 OFFICIAL RECORD CITY SECRETARY FT WORTH, TX