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Home My WebLink AboutContract 62808Vinesign Document ID: C3B8D60E-7428-4616-8DB1-7C7AB0895CA8 ALISIA PffiLLIPS, Plaintiff, v. CITY OF FORT WORTH, Defendant. CAUSE NO. 067-348296-23 § § § § § § § § § City Secretary . �'j Contract No � IN TH� DISTRICT COURT 67T�I JUDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Alisia Phillips, Plaintiff in the above-entitled and numbered cause ("Plaintiff '), alleges that on or about June 06, 2022, she received petsonal injuries resulting from a collision on I-35W in Fot�t Worth, Tarrant County, Texas. WHEREAS, Plaintiff Alisia Phillips 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 accident, injuries, and damages allegedly suffered by Plaintiff Alisia Phillips, 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(s) of action; WHEREAS, Plaintiff Alisia Phillips 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, worlcets 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 Alisia Phillips, and her attorney T. Glenn Ingram, Witherite Law Group, PLLC, the sum of One Hundred Sixty Thousand and 00/100 Dollais ($160,000.00) in full and final settlement of all claims against the City, its agents, employees, 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 lcind on account of the alleged incident made the subject of Plaintiff, Alisia Phillips's, lawsuit, the City has agreed to the payment terms described above in compromise and settlement of the disputed ;:�� '��'�t -4-,-. -� ;-�. , _ _ . —�' -,-- �F �;4 =s: �z, Page 1 of 6 .d ;�� . The signed document can be validated at https://app.vinesign.com/Verify �.� z.._ .. . F.� claims and in order to avoid further time consuming and costly litigation. II. T�RMS NOW, THEREFORE, in consideration of the recitals set forth above, the inutual promises and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acicnowledged, the City and Plaintiff agree that: 1. Alisia Phillips, Plaintiff herein, for and in consideration of payment by the City of For-t Worth �o Plaintiff Alisia Phillips and her attorney, T. Glenn Ingram, Witherite Law Group, PLLC, the sum of One Hundred Sixty Thousand and 00/100 Dollars ($160,000.00) in full and final settlement of ali claims against the City, its agents, employees, worlcers or representatives, arising out of Plaintiff's alleged injuries, and the receipt and sufficiency of such consideration being hereby acicnowledged and confessed by Plaintiff, does for herself, her heirs, representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Foz-t Worth, and its agents, employees, worlceis and representatives, and all others connected with or in privity with the City of Fort Woi�th, 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. 067-348296-23, in the 67t'' Judicial District Court, Tai-�•ant 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), lost wages, loss of earning capacity, property damages 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 agrees to indemnify and forever hold harmless and defend the City of Foi-t Worth, and ail 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, fi•om any and all claims or cause(s) of action, including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff Alisia Phillips, or by anyone on her behalf, arising out of the above-described incident. 3. For the same consideration, Plaintiff, Alisia Phillips, declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incur•red by her, or on her behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about June 06, 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 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 Page 2 of G medical, hospital, and/or other claims and expenses of any and eveiy 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 ALISIA PHILLIPS 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 IT AGAINST ANY SUCH CLAIM. 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Piaintiff, Alisia Phillips, and her attorney, T. Glenn Ingram, Witherite Law Group, PLLC, 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 attotney 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 ciaims are owed with respect to such payments. 5. The release of claims contained herein is given with full lcnowledge 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. Plaintiff Alisia Phillips acknowledges that she and her attorney, T. Glenn Ingram, Witherite Law Group, PLLC, are the only parties entitled to the proceeds of this settlement and agrees to defend and indemnify the City of Fort Wor-th 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, T. Glenn Ingram, Witherite Law Group, PLLC, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Alisia Phillips' claims and causes of action in Page 3 of 6 the above-entitled and numbered case against the City. And, in this connection, Plaintiff Alisia Phillips and her attorney, T. Glenn Ingram, Witherite Law Group, PLLC agree to expeditiously provide any information the Court may require, and/or to attend any hear°ings the Court may require, in connection with the dismissai of said lawsuit. 7. It is understood and agreed that ali taxable coui-t 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 Pat�ties 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. Plaintiif, Alisia Phillips, represents and acicnowledges 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, T. Gienn Ingram, Witherite Law Group, PLLC, and that it is fully understood. 10. Plaintiff assumes the rislc 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, Alisia Philiips, 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 pt•eempted by federal law. 13. This Agreement is the product of arm'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 ali 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. Page 4 of G This agr•eement should be effective as of the date the last party's signature is affixed hereto as indicated by the dates set forth below. ALISIA PHILLIPS, Plaintiff Date: 01/09/2025 STATE OF TEXAS � COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ALISIA PHILLIPS, lcnown to me to be the peison whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as her fi•ee act and deed for purposes and consideration therein expressed. GIVEN iJNDER MY HAND AND SEAL OF OFFICE this day of 2025. ' �� ►�e TASNA M ZULU _° `� Notary ID tt134713513 Notary Public in and for the State of Texas : My Commission Expi�es °' January 12� 202$ Page 5 of 6 APPROVED, AS TO FORM ONLY: / ,� i /' `� � '/ _ - - ;. }, / :{ t.� _ T. Glenn Ingram Witherite Law Group, PLLC 10440 N Central Expy, Suite 400 Dallas, TX 75231 (214) 378-6665 (214) 378-6670 (fax) G1enn.In�ram(a�witheritelaw com CITY OF FORT WORTH: APPROVED: � �.`�� , ��. . _ ��, 1�ssistant City Manager CITY OF FORT WO;RTH ; APPROVED: � �� C,� / Attorney for ef ndant, City of Fort Worth Emily P. Holl cic Sr. Assistant City Attorney ATTEST: �nnunn &��. � ` _�� _, � S. Goodall, City Secretary � Date: Date: �"') % ,� ;� ��;� Date: � / 1 � 1 �� : L.� �r-� f c�C "" ( �) �> � >OR� � �;�`��,� 2a�'��TARIf �� '��'1�, �� ; - - �— , -�_� Page 6 of 6 �