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HomeMy WebLinkAboutContract 59331CAUSE NO. 2022-002379-2 MICHAEL A. SOLIS & EUZABl-:TH Sous Plaintiff.'>, v. CITY OF FORT WORTH, Defendant. § § § § § § § § CITY SECRETARY CO rrRACT NO. 5 q 33 I Ii\ THE COUNTY COURT AT LAWN0.2 TARRANT Cou TY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Michael A. Solis, Plaintiff in the above-entitled and numbered cause, alleges that on or about July 23, 2020, he received personal injuries in an automobile accident when the vehicle in which he was a passenger collided with a City of Fort Worth fire truck; WHEREAS, Plaintiff Michael A . Solis 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 Michael A . Solis, suit was filed against the City in the above-entitled and numbered cause, reference being made to the pleadings on file in said caus e for a more full and complete description of Plaintiff's claims and cause of action; WHEREAS, Plaintiff Michael A . Solis has offered to compromise and settle all claims and causes of action of any kind whkh he 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 Michael A. Solis, and his attorney Nicholas Howard, of the Thompson Law LLP, the sum of Three Thousand Five Hundred Dollars ($3 ,500.00) in full and final settlement of all claims against the City. its agents, employees, workers or representatives, arising out of the accident described above and Plaintiff, Michael A . Solis '. 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: Michael A . Solis ', 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-consumjng and costly litigation . OFFICIAL RECORD CD1'V SECRETARY FT. WORTH, TX II. TERMS NOW, THEREFORE, in cons ideration 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 Michael A . Solis agree that: I . Michael A. Solis, Plaintiff herein, for and in consideration of payment by the City to Michael A. Solis, and his attorney, Nicholas Howard, of the Thompson Law LLP , the sum of Three Thousand Five Hundred Dollars ($3,500.00) 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 himself, h.is 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 conne.cted 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, Michael A. Solis, might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 2022-002379-2, in County Court at Law o. 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, loss of wages (past and future), loss of earning capacity (past and future), mental anguish (past and future), and any other kind, character or nature of damage which could or might be the subject of a claim by him arising from the incident bereinabove described. 2. In consideration of the respective payment described above, Plaintiff agrees to indemnify and forever bold harmless and defend the City of Fort Worth, and all agents, employees, workers and representatives of the City of Fort Worth, and alJ 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, wh.ich may hereafter be brought by Plaintiff, or by anyone on hi s behalf, arising out of the above-described incident 3 . For the same consideration, Plaintiff, Michael A . Solis, declares and warrants that all medical hospital, and/or other expenses of any and every nature and character whatsoever incurred by him, or on h.is behalf, or in any way pertaining to or aris ing out of the injury that allegedly occurred on or about July 23 , 2020, 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 bold harm.less 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. 4. Taxes. The Parties will report, as may be required by law , their respective payments and receipt of the amounts described herein. Plaintiff, Michael A. Solis, and his attorney acknowledge and agree that: (I) the City and its counsel have made no representations to Plaintiff or his counsel regarding the tax consequences of the payments made to him or to his attorney under this Compromise Settlement Agreement and Release of All Claims Michael A. Solis and Elizabeth Solis v. CFW Cause No. 2022-002379-2 Page 2 of 6 Agreement; and (2) Plaintiff and bis attorney are ultimately respon ible for determining the tax.ability of any of the payments made to Plaintiff and his attorney in this Agreement, and for paying taxes (federal , state, or otherwise), if any, which any taxing authority determines or claims arc owed with respect to such payments. PLAINTIFF MICHAEL A. SOUS REPRESENTS TBA T NONE OF HIS MEDICAL BILLS HAVE BEEN PAID BY MEDJCARE OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF MICHAEL A. SOLIS IS MIST AKEN IN THIS REGARD AND MEDICARE OR SOME OTHER GOVERNMENT AL OR QUASI-GOVERNMENT AL AGENCY HAS PAID ANY BlLLS, WHATSOEVER, PLAINTIFF MICHAEL A. SOLIS WILL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE OR OTHER GOVERNMENT AL OR QUASI-GOVERNMENTAL AGENCY FOR REIM_BURSEMENT AND WILL DEFEND, ~DEMNIFY AND BOLD HARMLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSWP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. PLAINTIFF MJCHAEL SOLIS ALSO REPRESENTS THAT HE WILL FULLY SATISFY ALL LEGAL BlLLS INCURRED BY HIM WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THJS MATIER. 5 . 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 an admission of liability on the pan 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. 6 . Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and hereby authorize and directs hi attorney, icholas Howard, to prepare and file the appropriate Motion and Order of Di.smissal. with prejudice, with respect to Plaintiff, Michael A. Soli s ', claims and causes of action in the above-entitled and numbered case against the City. And, in this connection, Plaintiff, Michael A. Solis. and his 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 di missal of said lawsuit. 7. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 8. 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. The Parties agree that this Agreement contains the entire agreement between the Parties and supersedes any and aJJ prior agreements, arrangements. or undertakings between the Parties relating to the subject matter. o oral understandings, statements, promises , or inducements contrary to the terms Compromise Senlement Agreement and Release of AU Claims Michael A . Solis and Elizabeth Solis v . CFW Cause No . 2022-002379-2 Page 3 of6 of this Agreement exist. This Agreement cannot be changed orally, and any changes or amendments must be signed by all Parties affected by the change or amendment. 9. Plaintiff, 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 him by his attorney and that it is fully understood . I 0. By his signature hereto, Michael A. Sol is, Plaintiff, represents and declares that he is more than eighteen (18) years of age and 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 him as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. I I. It is understood and agreed that this Agreement shall be governed by and construed and enforced in accordance with, and subject to, the laws of the State of Texas, to the extent not preempted by federal law. 12. This Agreement is the product of arm's-length negotiations between the Parties, and no Party shall be deemed to be the drafter of any provision or the entire Agreement. The wording in this Agreement was reviewed and accepted by all Parties after reasonable time to review with legal counsel, and no Party shall be entitled to have any wording of this Agreement construed against the other Party as the drafter of the Agreement in the event of any dispute in connection with this Agreement. This agreement should be effective as of the date the last party signature is affixed her----~ as indicated by the dates set forth below . MICHAEL A. SOLIS , Plaintiff Date: 04/0'1/ 1....0"2..-:S Compromise Settlement Agreement and Release of All Claims Michael A. Solis and Elizabeth Solis v. CFW Cause No. 2022-002379-2 Page 4 of6 ST A TE OF TEXAS COUNTY OF .~'1'.'4-- § § BEFORE ME, the undersigned authority, on this day personally appeared MJCHAEL A. SOLIS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this --'-A--'0-r:_,_·; _l ___ 2023. day of Notary Public in and for the State of :Te2<iJ Compromise Settlement Agreement and Release of All Claims Michael A. Solis and Elizabeth Solis v . CFW Cause No. 2022-002379-2 Page 5 of 6 r - I mE~ANCEANDFORM: Nicholas Howard State Bar No. 24083206 nhoward @ triallawycrs.com THOMPSON LAW LLP JJ00 Oak Lawn A venue, J'd Floor Dallas. Texas Telephone (214) 755-7777 Fae imilc (214) 7160166 ATTORNEY FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: -~ Valerie Washington (Apr 11, 202318:56 CDT) Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: y~~ Compromise Settlement Agreement and Relea se of All Claims Michael A. Solis and Elizabeth Solis v. CFW Cause No. 2022-0023 79-2 Date: 4/10/2023 Date: April 11, 2023 4/10/2023 Date : ________ _ OFFICIAL R""'~"-'1 """"'--6 b CllY SECRETARY FT. WORTH, TX . ' Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of thi s contract, including ensuring all perfonnance and reporting requirements . -y,,~~- y olanda Fouche C ompromi se Settlement Agreement and Release of All C laim s Michael A . Solis and Elizabeth SoLis v . CFW Cause No . 2022-0023 79-2 4/11/2023 Date: _______ _ Page 7 of 6