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Home My WebLink AboutContract 60640CITY SECRETARY( 0( ~ D CONTRACT NO . ~-u€:J._Ll_-"p_':1_1,..J ____ _ CAUSE NO. 141-343431-23 STEPHEN WILLIS, INDIVIDUALLY § AND AS NEXT FRIEND OF C.J.W., A § MINOR § § P~Wef § § v. § § SHAWN FARGO AND CITY OF § FORT WORTH § § IN THE DISTRICT COURT 141ST JUDICIAL DISTRICT Defendants § 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 of Port Worth (the City) and Stephen Willis, Individually as Next Friend of C.J.W., a minor (Plaintiff) agrees 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, C.J.W., the sum of $10 ,000.00. Payment of $10 ,000.00 will be deposited into the registry of the court or otherwise disbursed as ordered by the court in full and final settlement of all claims against the City its agents , employees , officers and representatives , arising out of Plaintiffs injuries that allegedly resulted from a certain accident which occurred on September 7, 2021. 2. In consideration of the terms and provisions of this settlement agreement and release, as herein stated , Plaintiff agrees and does hereb y release , acquit and forever discharge the City of Fort Worth , and its agents , employees , officers and representatives , 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, C.J.W. arising out of or having to do with the claims , causes of action or allegations described in Plaintiffs claims as well as from any other claims, demands , suits , debts , promises , damages , ·udgmems , ecutions , Compromise Settlement Agreement and Release of All Claims Cause No . 141-343431 ; Steph en Willis , et al. v. City of Fort Worth I 1 OFFI CIAL RECORD 1 t~TY SECRETARY !FT. WORTH, T a e 1 of s 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, Stephen Willis, Individually As Next Friend of C.J.W., a minor, in his 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 agents , employees , officers and representatives , in their official and individual 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 September 7, 2021. 4. This Release is intended to extinguish any and all debts , obligations or causes of action existing between Minor Plaintiff C.J.W. and the City concerning a certain accident which occurred on September 7, 2021. 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 he is aware that he may hereafter discover claims , liens, or facts in addition to or different from those which he now knows or believes to exist with respect to the subject matter of this release , but it is his 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. Stephen Willis warrants and represents that he is the natural parent, guardian and next friend of the Minor Plaintiff, C.J.W., 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. Stephen Willis represents and testifies that this settlement and agreement is in the best interest of the Minor Plaintiff, C.J.W. 7. Stephen Willis, in his representative capacity , does for the minor Plaintiff C.J.W., and her successors, heirs, executors , administrators , representatives , insurers , agents, and assigns , covenant and agree that he 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 , Compromise Settlement Agreement and Release of All Claims Cause No. 141-343431 ; Stephen Willis , et al. v. City of Fort Worth Page 2 of 5 and its agents, employees , officers and representatives , 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 C.J.W. 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. 9. Stephen Willis, Individually, As Next Friend of C.J.W., a minor, declares and warrants that all medical, hospital , and/or other expenses of any and every nature and character whatsoever incurred by PlaintiffC.J.W., or on PlaintiffC.J.W.'s behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on September 7, 2021 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 IF MEDICARE 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 HE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY PLAINTIFF, INDIVIDUALLY, OR AS NEXT FRIEND OF C.J.W., A MINOR 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 domiciliaries. Compromise Settlement Agreement and Release of All Claims CauseNo .141-34343l;Stephen Willis , eta!. v. City of Fort Worth Page 3 of 5 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. Stephen Willis, Individually, As Next Friend of C.J.W., a minor, represents and acknowledges that this Compromise Settlement Agreement and Release of All Claims has been read in its entirety before signing and that he has had an opportunity to have it be fully explained, in detail , to him by Plaintiffs attorney and that it is fully understood. This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below. STEP WILLIS, INDIVIDUALLY, AS NEXT RIEND OF C.J.W., A MINOR Date: --/-----=-~-/ C,____,______..........,2 ~3 <------ THE STATE OF /eXtl-S § ---COUNTY OF l vh'"'v'.l11tl f': § This instrument was acknowledged before me on the /1#, day of JJ::ceh1bl!r , 2023 by Stephen Willis , Individually , as Next Friend of C.J.W. a Minor. \\''"''' ~~~~-~f.<;l'-,, JANNET NATALI ALARCON ~:"(~ .. lL>:~~ Notary Public_, State of Texas -~· •. ~_.,,,:= C 1--v;• .... :,;,+"'~ omm . Expires 02-22-2025 ,...,,~QF \v ,, 111111,,,,, Notary ID 131015033 My Commission Expires: OJ -u -~J,S Compromise Settlement Agreement and Release of All Claims Cause No. 141 -343431 ; Stephen Willis , et al. v. City of Fort Worth cn-v ECREiAK Y L FT. WORTH, T a5e 4 of 5 APPROVED AS TO FORM AND CONTENT: ~21 -tlforPlaintiff Garrett W. Mize R. Livel CITY OF FORT WORTH: APPROVED: Assistant City Manager City of Fort Worth APPROVED: Attorney for Defenda , City of Fort Worth Harvey L. Frye Jr. Sr. Assistant City Attorney ATTEST: Date: __ /_.Z~/,_1.J_/_:z_o_;z_3 ___ _ Date: / 2..~ f /2.? -~---7------,,,'---- Compromise Settlement Agreement and Release of All Claims Cause No. 141-343431 ; Stephen Willis , et al. v. City of Fort Worth ' Fl. WO RTH, TX Page 5 of 5