HomeMy WebLinkAboutContract 60447Docu5lgn Envelope ID: ED47ED6B-2FDB-4F24-9FCO-OCF10OC7630E CITYSECRETARY
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NTRACT NO. q
CAUSE NO. 2022-000359-1
ALICIA MORRIS ON, 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
For and in consideration of the mutual promises and agreements made herein, and other
valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Alicia
Morrison, As Next Friend of E.V., a minor (Plaintiff), who is represented by attorney Richard
A. Stucky, of the Sticky Injury Law Firm, agree that:
1. Plaintiff agrees to release, settle, compromise and discharge the City as set out
herein; the City agrees to pay to or on behalf of Minor Plaintiff, E.V., the sum of Four Thousand
Five Hundred Dollars ($4,500.00). Payment of $4,500.00 wilt be apportioned as ordered by the
Court at a prove -up hearing to be held at the Court's earliest convenience, and will be in full and
final settlement of all claims against the City its agents, employees, workers or representatives,
arising out of Plaintiffs injuries that allegedly resulted from a certain accident which occurred on
January 27, 2020.
2. In consideration of the terms and provisions of this settlement agreement and
release, as herein stated, Plaintiff agrees and does hereby release, acquit and forever discharge the
City of Fort Worth, and its employees, attorneys, and council members, in their official and
individual capacities, including their successors and assigns, from any and all claims, demands,
suits, debts, promises, damages, judgments, executions, guaranties or warranties whatsoever in
law or in equity, actions and causes of action of whatever- kind and character whether in contract
or in tort, known or unknown, presently existing or which might ever accrue to Minor Plaintiff,
E.V. arising out of or having to do with the claims, causes of action or allegations described in
Plaintiff's claims as well as from any other claims, demands, suits, debts, promises, damages,
judgments, executions, guaranties or warranties whatsoever which might arise as a result of any
actions or conduct of the City of Fort Worth,
3. For the same consideration as herein set out, Alicia Morrison, As Next Friend of
E.V., a minor, in her representative capacity does, for the minor Plaintiff, her heirs, executors,
administrators, successors and assigns, hereby release, acquit and forever discharge the City of
Fort Worth, and its employees, attorneys, and council members, in their official and individual
Compromise Settlement Agreement and Release of All Claims
Alicia Morrison, as next friend of E.V., a minor v. CFW
Cause No. 2022-000359-1 " " ' Page 1 of 6
,�`;�'AL RECORD
_'ECRETARY
OR7H, TX
DocuSign Envelope ID: ED47ED6B-2FDB-4F24-9FC6-OCFlO9C7630E
capacities, including their successors and assigns, from any and all claims, demands, attorney's
fees, penalties, actions and causes of action of whatever kind and character, whether in contract or
in tort, known or unknown, presently existing or which may accrue in the future, arising a certain
accident which occurred on January 27, 2020.
4. This Release is intended to extinguish any and all debts, obligations or causes of
action existing between Minor Plaintiff E.V, and the City concerning a certain accident which
occurred on January 27, 2020.
5. It is the intention of Plaintiff and the City that this release shall be effective as a full
and final accord and satisfaction and as a bar to all actions, causes of action, costs, expenses,
attorney's fees, damages, claims, and liabilities whatsoever, whether or not known, suspected,
claimed or concealed. Plaintiff expressly waives and relinquishes any and all rights and benefits
which Plaintiff may have under Texas and Federal statute or common law principal, to the fullest
extent that Plaintiff may lawfully waive such rights or benefits pertaining to the release of claims
against the City. In connection with such waiver and relinquishment, Plaintiff acknowledges that
she is aware that she may hereafter discover claims, liens, or facts in addition to or different from
those which she now knows or believes to exist with respect to the subject matter of this release,
but it is her intention to fully, finally and forever settle and release all of the disputes and
differences known or unknown, suspected or unsuspected which do now exist, which may exist in
the future, or have existed between Plaintiff and the City arising out of or in connection with the
released claims,
6. Alicia Morrison warrants and represents that she is the natural parent, guardian
and next friend of the Minor Plaintiff, E.V., and no other party or entity owns or holds any claim
or cause of action by, for or through the minor Plaintiff regarding the circumstances arising from
the matters contained in this Release and Settlement Agreement. Alicia Morrison represents and
testifies that this settlement and agreement is in the best interest of the Minor Plaintiff, E.V.
7. Alicia Morrison, in her representative capacity, does for the minor Plaintiff, and
her successors, heirs, executors, administrators, representatives, insurers, agents, and assigns,
covenant and agree that she will not institute any suit or action, or prosecute or in any manner
voluntarily aid in the institution or prosecution of any claim, demand, suit, action or cause of
action, State or Federal, against the City of Fort Worth, and its employees, attorneys, and council
members, in their official and individual capacities, including their successors and assigns, with
respect to any matter, cause or thing whatsoever arising out of, based in whole or in part upon,
relating to, or existing, by reason of the transaction, events, occurrences, acts, omissions or failures
to act, of whatever kind or character whatsoever, alleged or which could have been alleged, in this
litigation with regards to E.V.
8. The purpose of this Agreement is to accomplish the compromise and settlement of
disputed and contested claims, and nothing in this agreement shall be construed as an admission
by any party to this agreement of any liability of any kind to any other party to this agreement.
The City denies the allegations set out in the claim and further denies the City is liable to Plaintiff
in any respect whatsoever,
Compromise Settlement Agreement and Release of All Claims
Alicia Morison, as next friend of E.V., a minor v, CFW
Cause No. 2022-000359-1 Page 2 of
DocuSign Envelope ID; E047ED6B-2FDB-4F24-9FC6-OCF109C7630E
9. Alicia Morrison, As Next Friend of E.V., a minor, declares and warrants that all
medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred
by Plaintiff, or on Plaintiff's behalf, or in any way pertaining to or arising out of the injury that
allegedly occurred on January 27, 2020, made the basis of this claim, have been or will be paid or
compromised by Plaintiff, and hereby agrees to 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 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 E.V. HAVE BEEN PAID BY MEDICARE,
MEDICAID, OR BY ANY OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL
AGENCY. IF PLAINTIFF IS MISTAKEY 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 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 ALSO REPRESENTS THAT SHE WILL FULLY SATISFY ALL
LEGAL BILLS INCURRED BY PLAINTIFF WITH ANY OTHER LAW FIRM OR
ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER.
10. This Agreement shall be governed by, interpreted, and enforced in accordance with
the laws of the State of Texas applied to contracts made in Texas to be wholly performed in Texas
by Texas domieiliaries.
11. This Agreement shall constitute the complete expressions of the terms of the
settlement. All prior and contemporaneous agreements, representations, and negotiations are
superseded.
12. If any provision of this Agreement is illegal or unenforceable, then that provision
shall be deemed stricken and all remaining provisions shall remain in force and effect.
13. 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.
14. Alicia Morrison, As Next Friend of E.V., a minor, represents and acknowledges
that this Compromise Settlement Agreement and Release of All Claims has been read in its entirety
Compromise Settlement Agreement and Release of All Claims
Alicia Morrison, as next friend of B.V., a minor v. CFW
Cause No. 2022-000359-1 Page 3 of 6
DocuSlgn Envelope ID: ED47ED6B-2FDB-4F24-9FC6-0CF109C7630E
before signing and that it has been fully explained, in detail, to her by Plaintiffs attorney and that
it is fully understood.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Compromise Settlement Agreement and Release of All Claims
Alicia Morrison, as next friend of E.V., a minor v. CFW
Cause No. 2022-000359-1 Page 4 of 6
DocuSign Envelope ID: ED47ED6B-2FDB-4F24-9FC6-OCF109C7630E
This agreement should be effective as of the date the last party signature is affixed hereto
as indicated by the dates set forth below.
oarm5funad by;
na77na�inc:z�F—
ALICIA MORRISON, AS NEXT FRIEND
OF E.V., A MINOR,
PLAINTIFF
Date: 3/31/2023
STATE OF TEXAS
COUNTY OF )& %lets §
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 .�j ! _ day of
9& Y c 2023.
N r u ie-hi and for the State of fG 3Ce 5
Notary Publ10, Stets 01T0xad
yati = Comm. ExptrOa 03-18-2026
�° Notary 10 009011
Compromise Settlement Agreement and Release of All Claims
Alicia Morrison, as next friend of E.V., a minor v. CFW
Cause No. 2022-000359-1 Page 5 of 6
DocuSlgn Envelope ID: ED47ED68-2FDB-4F24-9FC6-OCF109C7630E
APPROVED AS TO SUBSTANCE AND FORM:
fz--
Attorney for Plaintiff
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: Richard0pstuckylaw.com
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[Name]
[Firm] f qe d:%an
[Address] 6Qt1 C, fyH
[Phone] 81 qL.33K-oK oo
[Fax] R!�- 33Y. dtio l
[Email] �ut1��r"E �5[ �cZ•✓, CaM
, rney Ad Litem
CITY OF FORT WORTH:
APPROVED:
�� e., , L —
Assistant City Manager
CITY OF FORT WORTH
APPROVED AS TO FORM:
Attorney for Defendant, City of Fort Worth
Destiney-Ariel Hicks
Assistant City Attorney
Compromise Settlement Agreement and Release of All Claims
Alicia Morrison, as next friend of E.V., a minor v, CFW
Cause No, 2022-000359-1
Date: 04/05/23
Date
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/O q/a 3
Date: A y ZOZ3
Date: 11/9/2023
pnA4 CORD
...'CRETARY
VRTM, TX
DocuSfgn Envefope 0: ED47ED6B-2FDB-4F24-9FC6-00F109C7630E
ATTEST:
/I -, `l 20a,-3
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.
Yolanda Fouche
Compromise Settlement Agreement and Release of All Claims
Alicia Morrison, as next friend of E.V., a minor v. CFW
Cause No. 2022-000359-1
Date: / I l el "�v ;`3
RECORD
c C#TV SECR6rARY
FT_ WORTH TX