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HomeMy WebLinkAboutContract 59356RENE LAZO Plaintiff, v. CITY OF FORT WORTH Defendant. CAUSE NO. 236-333400-22 § § § § § § § § § IN THE DISTRICT COURT 236th JUDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Rene Lazo , Plaintiff in the abov e-entitled and numbered cause ("Plaintiff'), alleges that on or about May 4 , 2021 , he received personal injuries in an automobile accident when the vehicle which he was operating 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, Lazo , 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 Plaintiffs claims and cause of action ; WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action of an y kind which he may have against the City, its agents, employees , workers and repre sentatives , 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 Rene Lazo , and his attorney James D. Trujillo, the sum of Eighty-Five Thousand Dollars ($85 ,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 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. II. TERMS NOW, THEREFORE, in consideration of the recitals set forth above , the mutual promises and agreements made herein, and other valuable consideration, the re eip u 1c1ency o · which OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX is acknowledged, the City and Plaintiff agree that: 1. Rene Lazo, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Rene Lazo and his attorney, James D. Trujillo , the sum of Eighty-Five Thousand Dollars ($85 ,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 himself, his represtmtatives , 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. 236-333400-22, in the 236 th 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), loss of wages and loss of wage earning capacity (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 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 Lazo , or by anyone on his behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff, Lazo, declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by him, or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about May 4, 2021 , 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 RENE LAZO HA VE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN TIDS 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 Cause No. 236-333400-22; Ren e Lazo 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, Rene Lazo acknowledges that he and his attorney , James D. Trujillo , 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 , including, but not limited to , any attorney or law firm who claims to have represented Plaintiff at any time with regard to the alleged damages made the basis of this lawsuit or that could have been made the basis of this lawsuit 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 his attorney , James D. Trujillo, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Rene Lazo's claims and causes of action in the above entitled and numbered case against the City . And, in this connection , Plaintiff Lazo 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 dismissal of said lawsuit. 6. It is understood and agreed that all taxable court costs will be paid by the party mcurnng 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, Rene Lazo , 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. 9. By his signature hereto, Rene Lazo, Plaintiff, represents and declares that he 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 him 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. Compromise Settlement Agreement and Release of All Claims Cause No . 236-333400-22 ; R ene Lazo v. Ci ty of Fort Worth Page 3 of 5 STATE OF TEXAS § § COUNTY OF TARRANT § RENE LAZO, Plaintiff Date: 05 / 03 / 2023 BEFORE ME, the undersigned authority, on this day personally appeared RENE LAZO, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that be executed the same as his free act and deed for purposes and consideration therein expressed . GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3~ay of~ 2023 . ,,,,•~~:,,,,, CRYSTAL M. BALBOA ~ / ~ /J ~ Y) I ff~~~ Notary Public, State of Texas ~ L.l{L_ ~ :;.~. ~..=.:: Comm. Expires 08-28-2025 Notary ~;andfortfu( stateofTexas \;,~·,;;·~,,~$ Notary lD 131263354 ,,,,.,, [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] Compromise Settlement Agreement and Release of All Claims Cause No. 236-333400-22 ; Rene Lazo v . City o,f Fort Worth Page 4 of 5 Doc1D :Oa7e08c691c983200f07cb415839cc0a96e2924b APPROVED: Attorney for Plaintiff James D . Trujillo CITY OF FORT WORTH: APPROVED: Assistant City Manager CITY OF FORT WORTH Christopher B. Mosley Senior Assistant City Attorney ATTEST: Compromise Settlement Agreement and Release of All Claims Cause No. 236-333400-22 ; Rene Lazo v. City of Fort Worth Date: 05/03/2023 Date: --='Ils-/4..._./4........._o -=-2 =-3 __ _ Date: _5_/ ~---+1~·z --:::,,'3 __ _ OFFICIAL RE r,.:.O( CITY SECRETiHt'; FT .. WORTH, TX Page 5 of 5 DOCUMENT TITLE: FORT WORTH Routing and Transmittal Slip City Manager's Office Department CSO REC'D MAY 8 '23 Pw'.l:02 Compromise Settlement Agreement and Release of all Claims; Rene Lazo v. City of Fort Worth M&C CPN CSO# DOC# ------------------------ DATE: TO: INJIIA!.a, DAT~~J._T 1. Fernando Costa Tl-S: ll ZOZ3 2 . Jannette Goodall 3 . Laura G reqorv 4. 5 . 6 . DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first when applicable. Once the ACM has signed the routing slip , David Cooke will review and take the next steps . NEEDS TO BE NOTARIZED: □ Yes X No RUSH: D Yes D No SAME DAY: X Yes D No NEXT DAY: D Yes D No ROUTING TO CSO: □ Yes □ No Action Required: □ As Requested □ Attach signature, initial and Notary Tabs □ For Your Info r mation X Signatu re/Routi ng and or Record i ng □ Comment □ File Return to: Please call or ema il Laura Gregory for pick up when completed . Thank you.