HomeMy WebLinkAboutContract 6057260572
CAUSE NO.067-337945-22
MARIO SOLIS
§ IN THE DISTRICT COURT
Plaintiff,
§
V.
§ 67"' JUDICIAL DISTRICT
TONY OWENS AND THE CITY OF
§
FORT WORTH
§
§ TARRANT COUNTY, TEXAS
Defendants.
§
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
I. RECITALS
WHEREAS, Mario Solis, Plaintiff in the above -entitled and numbered cause ("Plaintiff),
alleges that on or about November 6, 2020, he received personal injuries in an automobile accident
when the vehicle he was driving was struck by Tony Owens ("Defendant Owens") in the course
and scope of his employment with the City of Fort Worth.
WHEREAS, Plaintiff Mario Solis further alleges that the negligence of the City of Fort
Worth ("City', 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 Mario Solis, suit was filed against Defendant Owens and 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 Mario Solis' claims and causes of action;
WHEREAS, Plaintiff Mario Solis has offered to compromise and settle all claims and
causes of action of any kind which 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 Mario Solis, and his attorney Allen A. King, Jr., of CRIM & VILLALPANDO, PC, the
sum of SixtySeven Thousand, Five Hundred Dollars ($67,500,00) in full and final settlement of
all claims against the City, its agents, employees, workers or representatives, arising out of the
Plaintiff Mario 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 Mario 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 consuming and costly litigation. This agreement excludes any potential issues related to
property damage that may arise in the future.
OFFICIAL RECORD CSO EC'D
CITY SECRETARY :_lam 7123pM4:8
+cT %a'►.lORTM., TX
Doc ID: 6b48adfbc57fab4fee4ebb3c3b6fe2o0eddea943
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 Mario Solis agree that:
1, Mario Solis, Plaintiff herein, for and in consideration of payment by the City of
Fort Worth to Mario Solis and his attorney, Allen A. King, Jr., of CRIM & VILLALPANDO, PC,
the sum of Sixty -Seven Thousand, Five Hundred Dollars ($67,500.00) in full and final settlement
of all claims against the City, its agents, employees, workers or representatives, arising out of
Plaintiff Mario Solis' alleged injuries, and the receipt and sufficiency of such consideration being
hereby acknowledged and confessed by Plaintiff, Mario Solis does for himself, his 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, Mario Solis, might assert by reason of the above described incident
together with all claims heretofore asserted in Cause No. 067-337945-22, in the 67th 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 him arising from
the incident hereinabove described.
2. In consideration of the payment described above, Plaintiff, Mario Solis, 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 Mario Solis, or by anyone on his behalf, arising out of the above
described incident. Plaintiff, Mario Solis, further 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 and assigns, from any and all claims from any person or entity claiming to
be entitled to any of the proceeds of this settlement.
3. For the same consideration, Plaintiff, Mario 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 his behalf, or in any way pertaining to or arising out of the injury that allegedly
occurred on or about November 6, 2020, made the basis of this litigation, have been or will be paid
or compromised by Plaintiff Mario Solis, and Plaintiff Mario Solis 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 MARIO SOLIS REPRESENTS THAT NONE OF THE
Compromise Settlement Agreement and Release of All Claims — Mario Solis v.
City of Fort Worth - Cause No. 067-337945-22 Page 2
Doc ID, 6b48adfbc67fab4fee4ebb3c3b6fe200eddea943
MEDICAL BILLS OF MARIO SOLIS HAVE BEEN PAID BY MEDICARE, MEDICAID
OR BY ANY OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY.
IF PLAINTIFF MARIO SOLIS IS MISTAKEN IN THIS REGARD AND MEDICARE,
MEDICAID OR SOME OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL
AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF MARIO SOLIS 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.
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.
5. Plaintiff Mario Solis agrees to dismiss the cause of action in the above -entitled and
numbered matter, with prejudice, and hereby authorizes and directs his attorney, Allen A. King,
Jr., to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect
to Mario Solis' claims and causes of action in the above entitled and numbered case against the
City. And, in this connection, Plaintiff Mario 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 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, Mario Solis, 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 frilly understood.
9. By his signature hereto, Mario Solis, 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.
Compromise Settlement Agreement and Release of All Claims — Mario Solis v.
City of Fort Worth - Cause No. 067-337945-22 Page 3
Doc ID: 6b48adfbc57fab4fae4ebb3c3b6fe200eddea943
This agreement should be effective as of the date the last party signature is affixed hereto
as indicated by the dates set forth below.
MARIO S}OOLIIOU
S,, Plaintiff
Date: ll br�
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared MARIO
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.
W GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6day of ��CBA /Ar2023.
............ MARSHA SORAYA ELIZALDE
.''� otary Public in and for the State of Texas
My Notary ID # 11635545
ExpWs July 16.2027
[ADDITIONAL SIGNATURES APPEAR ON TIM FOLLOWING PAGES]
Compromise Settlement Agreement and Release of All Claims — Mario Solis v.
City of Fort Worth - Cause No. 067-337945-22 Page 4
Doc ID: 6b48adfbc57fab4fee4ebb3c3b6fe200eddea943
APPROVED:
Attgney for Pla tiff
Allen A. King, Jr.
CRIM & VILLALPANDO, PC
CITY OF FORT WORTH:
APPROVED:
Assistant City Manager
CITY OF FORT WOR H
APPROVED:
A orn y forL ,City of Fort Worth
ep n A. Cumbie
ssistant City Attorney
ATTEST:
lz,tz �elf YJOaaD
?Jnet"teS- Goodall, City Secretary
Date: 1 z - t6 •Z '3
Date:
l /
Date: Z
Date:
{ OFHOPAL. RECORD
CA" ;SECRETARY
FT: 'WORTH, TX
Compromise Settlement Agreement and Release of All Claims — Mario Solis v.
City of Fort Worth - Cause No. 067-337945-22
Page 5
Doc ID: 6b48adfbc57fab4fee4ebb3c3b6fe200eddea943
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12/O6/2�3 Sent for si
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<D 12/06/2023 Viewed by Mario Solis (solls.taylor@yahoo.com)
J~ 12/06/2023 Signed byMario Solis (sois.taylor@yahoo.com)
;�( 12/06/2023 The document has been comp�ted.
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Commuzun 2328:48UTC
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