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HomeMy WebLinkAboutContract 59475DocuSign Envelope ID: ED47ED6B-2FDB-4F24-9FC6-OCF10gC7630E CITY SECRETARY �Sg441 j 00 TRACT NO. CAUSE NO. 2022-000359-1 ALICIA MORRISON, INDIVIDUALLY § IN THE COUNTY COURT AND AS NEXT FRIEND OF E.V. A § MINOR § Plaintiff, § § AT LAW No. 1 V. § CITY OF FORT WORTH, TEXAS § Defendant. § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Alicia Morrison, Plaintiff in the above -entitled and numbered cause, alleges that on or about January 27, 2020 she received personal injuries in an automobile accident when the vehicle in which she was operating collided with a City of Fort Worth police officer vehicle; WHEREAS, Plaintiff Alicia Morrison 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 Alicia Morrison, 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 Alicia Morrison 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 Alicia Morrison, and her attorney Richard A. Stucky, of the Stucky Injury Law Firm, the sum of Twenty Five Thousand Dollars ($25,000.00) 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, Alicia Morrison'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, Alicia Morrison'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. o b N DocuSign Envelope ID: ED47ED6B-2FDB-4F24-9FC6-OCF109C7630E 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 is acknowledged, the City and Plaintiff Alicia Morrison agree that: 1. Alicia Morrison, Plaintiff herein, for and in consideration of payment by the City to Alicia Morrison, and her attorney, Richard A. Stucky, of the Stucky Injury Law Firm, the sum of Twenty Five Thousand Dollars ($25,000.00) 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, Alicia Morrison, might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 2022-000359-1, 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), 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 her arising from the incident hereinabove described. 2. In consideration of the respective 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, or by anyone on her behalf, arising out of the above -described incident. 3. For the same consideration, Plaintiff, Alicia Morrison, 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 January 27, 2020, made the basis of this litigation, have been or will be paid or compromised by Plaintiff, and Plaintiff 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. 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Alicia Morrison, and her attorney acknowledge and agree that: (1) the City and its counsel have made no representations to Plaintiff or her counsel Compromise Settlement Agreement and Release of All Claims Alicia Morrison, Individually and as next friend of E.V., a minor v. CFW Cause No. 2022-000359-1 Page 2 of 7 DocuSign Envelope ID: ED47ED6B-2FDB-4F24-9FC6-OCF109C7630E regarding the tax consequences of the payments made to her or to her attorney under this Agreement; and (2) Plaintiff and her attorney are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and her attorney in this Agreement, and for paying taxes (federal, state, or otherwise), if any, which any taxing authority determines or claims are owed with respect to such payments. PLAINTIFF ALICIA MORRISON REPRESENTS THAT NONE OF HER MEDICAL BILLS HAVE BEEN PAID BY MEDICARE, MEDICAID, OR BY ANY OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY. IF PLAINTIFF ALICIA MORRISON IS MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID, OR SOME OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF ALICIA MORRISON WILL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE 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. PLAINTIFF ALICIA MORRISON ALSO REPRESENTS THAT SHE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY HER WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 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 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. 6. Plaintiff agrees to dismiss the cause of action in the above -entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Richard A. Stucky, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff, Alicia Morrison's, claims and causes of action in the above -entitled and numbered case against the City. And, in this connection, Plaintiff, Alicia Morrison, 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. 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 all prior agreements, arrangements, or undertakings between the Parties relating to the Compromise Settlement Agreement and Release of All Claims Alicia Morrison, Individually and as next friend of E.V., a minor v. CFW Cause No. 2022-000359-1 Page 3 of 7 DocuSign Envelope ID: ED47ED6B-2FDB-4F24-9FC6-OCF109C7630E subject matter. No oral understandings, statements, promises, or inducements contrary to the terms 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 her by her attorney and that it is fully understood. 10. By her signature hereto, Alicia Morrison, Plaintiff, represents and declares that she 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 her as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. l l . 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 hereto as indicated by the dates set forth below. COocu Signed bb(/y':,���I , '. v ALICIA MORRISON, Plaintiff 3/31/2023 Date: Compromise Settlement Agreement and Release of All Claims Alicia Morrison, Individually and as next friend of E.V., a minor v. CFW Cause No. 2022-000359-1 Page 4 of 7 DocuSign Envelope ID: ED47ED68-2FDB-4F24-9FC6-0CF109C7630E STATE OF TEXAS § COUNTY OF Oodias § BEFORE ME, the undersigned authority, on this day personally appeared ALICIA MORRISON, 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 1 5 day of A� _/s' 1 4 Y c �-+ 2023. ub and for the State of %Xa 1' "(6140"" ROY E. ANDERSON •'!;•; Notary Public. Stets of Texss �'�_ Comm. Explrsa 03-16-2026 .�`. NotarY ID 909011 40 Compromise Settlement Agreement and Release of All Claims Alicia Morrison, Individually and as next friend of E.V., a minor v. CFW Cause No. 2022-000359-1 Page 5 of 7 DocuSign Envelope ID: ED47ED6B-2FDB-4F24-gFC6-OCF10gC7630E APPROVED AS TO SUBSTANCE AND FORM: RICHARD A. STUCKY State Bar No. 24041986 12700 Park Central Drive, Suite 1900 Dallas, Texas 75251 TEL: (214) 453-1190 FAX: (214) 308-2899 Email: Richard0;stuckvlaw.com ATTORNEY FOR PLAINTIFFS CITY OF FORT WORTH: APPROVED: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Attorney for Defendant, City of Fort W Destiney-Ariel Hicks Assistant City Attorney Date: 04/05/23 Date: May 16, 2023 Date: 4/ 10/2023 Date: y I ZvZ 3 OFFICPAL RECORD MY SECRETARY Compromise Settlement Agreement and Release of All Claims FT WORTH, TX Alicia Morrison, Individually and as next friend of E.V., a rr. '%' Cause No. 2022-000359-1 Page 6 of-6 7 DocuSign Envelope ID: ED47ED6B-2FDBAF24-9FC6-OCF109C7630E Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. oY�olanda Fouche Date: May 16, 2023 Compromise Settlement Agreement and Release of All Claims Alicia Morrison, Individually and as next friend of E.V., a minor v. CFW Cause No. 2022-000359-1 Page 7 of