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HomeMy WebLinkAboutContract 62181CAUSE NO.2024-002231-1 LEONARDO CORRALES MOLINA Plaintiff, V. C HOPPER AND CITY OF FORT WORTH Defendants. Cdy secretary Contract No `®d' IN THE COUNTY COURT COUNTY COURT AT LAW NO. 1 TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY I. RECITALS WHEREAS, Leonardo Corrales Molina, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges that on or about April 21, 2023, he received personal injuries in an automobile accident when the vehicle in which he was operating collided with a City of Fort Worth police vehicle; WHEREAS, Plaintiff Leonardo Corrales Molina 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 Leonardo Corrales Molina, 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 Plaintiff s claims and cause of action; WHEREAS, Plaintiff Leonardo Corrales Molina 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 Leonardo Corrales Molina, and his attorney R.E. Lopez & Morales, Attorneys at Law, the sum of Twenty Thousand and Five Hundred Dollars ($20,500.00) in full and final settlement of all claims against the City, its agents, enit)lovices, workers or representatives, arising out of the accident described above and Plaintiff s alleged injuries; and WHEREAS, even though the City denies any liability of any kind on account of the allege incident made the subject of Plaintiff, Leonardo Corrales Molina's, suit, the City has agre dURD payment terms described above in compromise and settlement of the disputed-r.�rle FT. WCi6iTH, TX to avoid further time-consuming and costly litigation. Il. 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 agree that: 1. Leonardo Corrales Molina, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Leonardo Corrales Molina and his attorney, Magdalena Avila of R.E. Lopez & Morales, Attorneys at Law, the sum of Twenty Thousand and Five Hundred Dollars ($20,500.00) 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 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 might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 2024-002231-1, in the County Court at Law 1, Tarrant County, Texas, including claims for physical pain and suffering (past and future), mental suffering (past and future), medical expenses (past and future), physical impairment (past and future), lost wages, 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 Leonardo Corrales Molina, or by anyone on his behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff, Leonardo Corrales Molina, 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 April 21, 2023, 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 Ilosnital Lien Law or anv other state or federal statute, rule, or regulation. PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF LEONARDO CORRALES MOLINA HAVE BEEN PAID BY MEDICARE, MEDICAID Compromise Settlement Agreement and Release of All Claims Leonardo Corrales Molina v. CFW Cause No. 2024-0022131- 1 OR BY ANY OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN 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, 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. PLAINTIFF LEONARDO CORRALES MOLINA ALSO REPRESENTS THAT HE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY HIM WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Leonardo Corrales Molina, and his attorney acknowledge and agree that: (1) the City and its counsel have made no representations to Plaintiff or his counsel regarding the tax consequences of the payments made to him or to his attorney under this Agreement; and (2) Plaintiff and his attorney are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and his 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. 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 admission of liability on the part of the City of Fort Worth, and, in fact, the City denies liability for the above -described accident, if any, and intends, by this settlement, merely to buy its peace. Plaintiff, Leonardo Corrales Molina acknowledges that he and his attorney, R.E. Lopez & Morales, Attorneys at Law, 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. 6. Plaintiff agrees to dismiss the cause of action in the above -entitled and numbered matter, with prejudice, and hereby authorizes and directs his attorney, Magdalena Avila, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff, Leonardo Corrales Molina's, claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff, Leonardo Corrales Molina, 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. Compromise Settlement Agreement and Release of All Claims Leonardo Corrales Molina v. CFW Cause No. 2024-0022131 - I 7. 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 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, Leonardo Corrales Molina, 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. 10. By his signature hereto, Leonardo Corrales Molina, Plaintiff, represents and declares that he is more than eighteen (19) 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. 11. 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 anm'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. I_ _ LE dARD`I'S CORRALES MOLINA, Plaintiffq . Date: L-4'-� Compromise Settlement Agreement and Release of All Claims Leonardo Corrales Molina v. CFW Cause No. 2024-0022131- STATE OF TEXAS COUNTY OF MU,, 4- BEFORE ME, the undersigned authority, on this day personally appeared LEONARDO CORRALES MOLINA, 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. GI VL N UNDER MY HAND AND SEAL OF OFFICE this �� I day of 1 V' k r) `' y' 2024. t(ABANCD AN MILLER Notary Public in and for the State of j(�- 3 �avr NoWy PWIc, state o1 Texas • • My Commission Expues August 01, 2026 NOTARY ID 13388514-3 a Compromise Settlement Agreement and Release of All Claims Leonardo Corrales Molina v. CFW Cause No. 2024-0022131- 1 APPROVED AS TO FORM: Attorney for Plaintiff Magdalena Avila Texas Bar No. 24029426 R.E. LOPEZ & MORALES 400 E. Weatherford St. Suite 204 Fort Worth, Texas 76102 Phone: (469) 209-7727 Fax: (888) 601-4934 Direct: (469) 294-4177 CITY OF FORT WORTH: APPROVED: Assistant City Mana r CITY OF FORT W TH Compromise Settlement Agreement and Release of All Claims Leonardo Corrales Molina v. CFW Cause No. 2024-0022131- 1 ;/,� e Date:. ?1`` t l APPROVED AS TO FORM: Attorney, fo efe dant, City of Fort Worth Destiney-Ariel Hicks Assistant City Attorney ATTEST: Jannette S. Goodall, City Secretary Compromise Settlement Agreement and Release of All Claims Leonardo Corrales Molina v. CFW Cause No. 2024-0022131- 1 Date: Date: Date: 10121 /2024 / 0 1 04Y /7c1Z9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH Routing and Transmittal Slip Citv Attornev's Office Department DOCUMENT TITLE: CSA- LEONARD MOLINA v. CFW M&C CPN CSO # DOC# DATE: 10-21-24 TO: INITI� 1. ACM -William Johnson 2. CSO- Jannette Goodall / 3. DATE OUT o /zy % Li 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. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: X Yes ❑ No RUSH: X Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information x Signature/Routing and or Recording ❑ Comment ❑ File Return to: Please call _ you. ` AIda' (,()We, ❑ Attach Signature, Initial and Notary Tabs at ext 7665-for pick up when completed. Thank 8w(�