HomeMy WebLinkAboutContract 62690City Secretary L X Q C)
Contract No 1
CAUSE NO.2024-007190-2
DEMETRIA CONLEY, AS NEXT FRIEND § IN THE COUNTY COURT AT LAW
OF R.S. §
Plaintiffs, §
V. § COUNTY COURT NO.2
CITY OF FORT WORTH, §
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
Demetria Conley, as Next Friend of R.S., a minor (Plaintiff), who is represented by attorney
Rick Ward, of Ward 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, R.S., the sum of Two Thousand
Dollars ($2,000.00). Payment of $2,000.00 will 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
Plaintiff's injuries that allegedly resulted from a certain accident which occurred on June 29, 2022.
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,
R.S. 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 the Minor Plaintiff has or 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, Demetria Conley, as Next Friend of
Compromise Settlement Agreement and Release of All Claims
Demetria Conley, as Next Friend of R.S., a minor v. CFW
Cause No. 2024-007190-2 LFT.
L RECORD age I of 7
CRETARY 85:6*15Z, LZ NUf
(I,33d OSO
FiTF�, TX
$�:��►� 5Z� LZ NO.�
(,338 OS3
R.S., 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
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 from
injuries to her Minor daughter, R.S., received in a certain accident which occurred on June 29,
2022.
4. This Release is intended to extinguish any and all debts, obligations or causes of
action existing between Minor Plaintiff R.S. and the City concerning a certain accident which
occurred on June 29, 2022.
S. 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. Demetria Conley, warrants and represents that she is the natural parent, guardian
and next friend of the Minor Plaintiff, R.S., 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. Demetria Conley represents and
testifies that this settlement and agreement is in the best interest of the Minor Plaintiff, R.S.
7. Demetria Conley, 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, regarding the June 29, 2022 accident, alleged or
which could have been alleged, in this litigation with regards to R.S.
8. The purpose of this Agreement is to accomplish the compromise and settlement of
Compromise Settlement Agreement and Release of All Claims
Demetria Conley, as Next Friend of R.S., a minor v. CFW
Cause No. 2024-007190-2 Page 2 of 7
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. Demetria Conley, as Next Friend of R.S., a minor, declares and warrants that all
medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred
by Plaintiff treating her minor daughter's injuries, or on Plaintiff's behalf, or in any way pertaining
to or arising out of the injury to R.S. that allegedly occurred on June 29, 2022, 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 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 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.
THE BARGAINED FOR CONSIDERATION FOR ALL INDEMNITY
PROVISIONS CONTAINED IN THIS COMPROMISE SETTLEMENT AGREEMENT IS
$100.00 OF THE TOTAL CONSIDERATION PAID AND DESCRIBED ABOVE. THE
DEFENDANT, RELEASED PARTIES, AND ANYONE CLAIMING UNDER ANY
INDEMNITY AGREEMENT (HEREINAFTER "THE CLAIMING PARTY")
CONTAINED IN THIS DOCUMENT AGREE TO NOTIFY PLAINTIFF OF ANY CLAIM
WHICH MIGHT TRIGGER THE INDEMNITY PROVISIONS HEREIN, PRIOR TO
"THE CLAIMING PARTY" ACTUALLY INCURRING ANY COST, EXPENSE OR FEE
IN ORDER TO ALLOW PLAINTIFF TIME TO RESOLVE SAID CLAIM WITHOUT
THE NECESSITY OF "THE CLAIMING PARTY" INCURRING ANY COST, FEES OR
EXPENSES. BY ENTERING THESE INDEMNITY AGREEMENTS THE PLAINTIFF
DOES NOT WAIVE AND SPECIFICALLY RETAINS ANY AND ALL DEFENSES
WHICH MIGHT BE AVAILABLE TO DEFENDANTS OR HER IN ORDER TO AVOID
ANY POTENTIAL INDEMNITY TRIGGERING CLAIM.
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
Demetria Conley, as Next Friend of R.S., a minor v. CFW
Cause No. 2024-007190-2 Page 3 of 7
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. Demetria Conley, as Next Friend of R.S., 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 it has been fully explained, in detail, to her by Plaintiff s attorney and that
it is fully understood.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Compromise Settlement Agreement and Release of All Claims
Demetria Conley, as Next Friend of R.S., a minor v. CFW
Cause No. 2024-007190-2
Page 4 of 7
This agreement should be effective as of the date the last party signature is affixed hereto
as indicated by the dates set forth below.
UI..G.VIt�
DEMETRIA CONL Y, AS NEXT
FRIEND OF R.S., A MINOR,
PLAINTIFF
Date: L - [q — X5
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared Demetria
Conley, 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 day of
NICoLE PARRIS Notary Public in and for the State of
�..
oS Notary Public, State of Texas
°Q Comm. Expires 06-12-2026
o"'0'F Notary ID 133766129
'�q�na�:
Compromise Settlement Agreement and Release of All Claims
Demetria Conley, as Next Friend of R.S., a minor v. CFW
Cause No. 2024-007190-2
Page 5 of 7
APPROVED AS TO SUBSTANCE AND FORM:
/y/rTL�ck Wa4lcZ
Rick Ward
Texas State Bar No. 00785178
WARD LAW FIRM
3300 Airport Freeway
Fort Worth, Texas 76111
TEL: 817,335.3396
Emailzdeniji
wardlawfh-n.com
Latep
Texas State Bar No. 00798024
619 W. Main Street, Suite G.
Arlington, Texas 76010
Tel. (817) 277-9710
Fax. (817) 277-1147
Cell (817) 239-0956
Attorney Ad Litem
CITY OF FORT WORTH:
APPROVED:
% jL
C7J—w-n
Assistant City Manager
CITY OF FORT WOgH
APPROVED AS TO FORM:
l,
Att�friey for Defendant, Citt - Aort Worth
Destiney-Ariel Hicks
Assistant City Attorney
Compromise Settlement Agreement and Release of All Claims
Demetria Conley, as Next Friend of R.S., a minor v. CFW
Cause No. 2024-007190-2
Date: 0111412025
Date:
Date: D /a—
� 02-6,
Date: I 1 '� -� /` ,)
-s,
OFFICIAL RECORD
CITY SECRETARY page 6 ,?f 7
Ft WORTH, TX
ATTEST:
11' Secretary
F
�e 0
o- -
A�Aeo
Vi�
Compromise Settlement Agreement and Release of All Claims
Demetria Conley, as Next Friend of R.S., a minor v. CFW
Cause No. 2024-007190-2
Date: d—c77'2-02cJ
OFFICIAL RECORD
CI°iY SECRETARY
F,J. WORTHo TX
Page 7 of 7