The URL can be used to link to this page

Home My WebLink AboutContract 62481City Secretary � Contract No -- CAUSE NO. 048-348830-23 ANNE ROSEN, § IN THE DISTRICT COURT Plaintiff, § V. § 48TH JUDICIAL DISTRICT THE CITY OF FORT WORTH, § TEXAS A GOVERNMENTAL UNIT § § TARRANT COUNTY, TEXAS Defendant. § COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Anne Rosen, Plaintiff in the above entitled and numbered cause ("Plaintiff'), alleges that on or about January 4, 2022, Plaintiff suffered personal injuries resulting from a trip and fall over a water valve box protruding from the sidewalk surface, located in Fort Worth, Tarrant County, Texas. WHEREAS, Plaintiff Anne Rosen further alleges that the negligence of the City of Fort Worth ("City" or "Defendant"), proximately caused the above -described accident; WHEREAS, as a result of such incident and the injuries and damages allegedly suffered by Plaintiff, a 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 claim(s) and cause(s) of action; WHEREAS, Plaintiff 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 incident in consideration of payment by the City to Plaintiff Anne Rosen and her attorney Jared P. Mullowney, Kelso Law PLLC, the sum of Seventy -Five Thousand Dollars ($75,000.00) in full and final settlement of all claims against -Pe City, its agents, employees, workers or representatives, arising out of : ckk&Ajypribed above and Plaintiff's alleged injuries; and CITY SEC AS, the City has agreed to the payment terms described above in FT WORTH, TX Compromise Settlement Agreement and Release ofAll Claims -Rosen - Page 1 compromise and settlement of the disputed claim(s) and in order to avoid further time consuming and costly litigation. 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 by all parties, the City and Plaintiff agree that: 1. Anne Rosen, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Plaintiff and her attorney, Jared P. Mullowney, Kelso Law PLLC, the sum of Seventy -Five Thousand Dollars ($75,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of Plaintiffs alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, does for herself, her heirs, 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. 048-348830-23, in the 48th District Court, Tarrant County, Texas, including claims for physical pain and suffering (past and future), mental anguish (past and future), physical disfigurement (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 her arising from the incident hereinabove described. 2. In consideration of the payment described above, Plaintiff Anne Rosen 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. In consideration of the payment described above, Plaintiff Anne Rosen 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 4, 2022, 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 it, as well as any person, corporation, association, partnership, or entity it is or may be required to defend, indemnify, or hold harmless from and Compromise Settlement Agreement and Release of All Claims -Rosen Page 2 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 ANNE ROSEN HAVE BEEN PAID BY MEDICARE, MEDICAID 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 THE CITY OF FORT WORTH AGAINST ANY SUCH CLAIM. 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipts of the amounts described herein. Plaintiff and her attorney acknowledge and agree that: (1) the City and its counsel have made no representations to Plaintiff or her counsel 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. 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. The City intends through and by this settlement, merely to buy its peace. Plaintiff acknowledges that she and her attorney, Jared P. Mullowney, Kelso Law PLLC, 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 who claims to be entitled to the proceeds of this settlement. 6. Plaintiff agrees to dismiss the cause(s) of action in the above -entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Jared P. Mullowney, Kelso Law PLLC, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiffs claims and cause(s) of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff 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 Compromise Settlement Agreement and Release of All Claims -Rosen Page 3 of said lawsuit. 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 a 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. Plaintiff assumes the risk of mistake of fact or law with regard to any aspect of this Settlement Agreement and to the dispute described herein, or any asserted rights released by this Agreement. 11. By her signature hereto, Anne Rosen, Plaintiff, represents and declares that she 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 her as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. 12. 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. 13. This Agreement is the product of Mediation 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. Compromise Settlement Agreement and Release of All Claims -Rosen Page 4 -ILI X--, (�� Anne Rosen, Plaintiff Date: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ANNE ROSEN, 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 t-t day of VOW-W , 2024. �°tary Public in and for the State of Texas ,o`ArP'',a JACOB CARL ROLAND ;.* Notary Public, State of Texas comm.Expires02-18-2026 :��lF'. • tr�i'�� o• �Notary ID 133599177 Compromise Settlement Agreement and Release of All Claims -Rosen Page 5 APPROVED AS TO FORM AND SUBSTANCE: Jared P. ey Kelso Law PLLC Attorneys for Plaintiff CITY OF FORT WORTH: APPROVED: C_ Assistant City Manager CITY OF FORT WORTH APPROVED: AttoRey�or Def dant, City of Fort Wo. Melody "Mel" Louis "�` Sr. Assistant City Attorney , ATTEST: anLtte S. Goodall, City Ve�etary Date: \ � —1' — Date: Date: 1� ' o<Q _ OFFIC ML RECORD j'Ty SECRETARY FT'. WORTH" TX Compromise Settlement Agreement and Release of All Claims -Rosen Page 6