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Home My WebLink AboutContract 62810City Secretary "�nt�act No --�� , CAUSE NO. 352-348806-23 CARL(JS URESTI, § § � § § § § § § IN THE DISTRICT COURT Plaintiffs, v. THE CITY OF FORT WORTH, Defendants. 352� JITDICIAL DISTRICT TAItRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECIT.ALS WHEREAS, Carlos Uresti, Plaintiff in the above-entitled and numbered cause ("Plaintiff '}, alleges that on or about March 27, 2022, he received personal injuries resulting from a collision on Angle Aven.ue in Fort Worth, Tarrant County, Texas. WHEREAS, Plainiiff Carlos Uresti further alleges that the negligence of the Ciry of Fort Worth ("City" or "Defendant"}, pra�mately caused the above-described accident; WHEREAS, as a result of such accident, injuries, and damages allegedly suffered by Plaintiff Carlos Uresti, suit was iiled 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 aetion; WHEREAS, Plaintiff Carlos Uresti has offered to compromise and settie all claims and causes af action of any kind which he may have againsi the City, its agents, employees, workers and representatives, and all others conuected with or in privity with the City, arising out of or connected zn any way with the above-described accident in consideration of payment by the City to Plaintiff Carlos Uresti, and his attorney Brian McDonald, David S. Kohm & Associates, the sum of Thirty-Eight Thousand Dollars ($38,000.00) in fizll and final settlement of all claims against the Ciiy, 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 kind on account of the alleged incident made the subject of Plaintiff, Carlas Uresti's, lawsuit, the City has agreed to the payment terms described above in comproinise and settlement of the C�� 2EG'� FEB ��'2� ��:48 ��;r«�, �tk�;iJ�� , ��.;I`�� SECREiA�X ! �T tAlOHT�I, �� disputed claims and in order to avoid further time consu�tzng and costly litigation. II. TERMS NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises and agreem.ents made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Plaintiff agree that: 1. Carlos Uresti, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Plaintiif Carlos Uresti and David S. Kohm & Associates, the sum of Thirty-Eight Thousand Dollars ($38,000,00) in full and final settiement of all claims against the City, its agents, empioyees, workers or representatives, az�ising out of Plaintiff's alleged injuries, and the receipt and suffic�ency of such consideration being hereby acknowledged and confessed by Plaintiff, does for hirnself, his heirs, representatives, successors and asszgns, unconditionally release, acquii and forever discharge the City of Fort '�ilorth, and its agents, emp�oyees, workers and representatives, and all athers connected with or in privity with the City o� Fort Worth, of and from any and all claims of every kind, character or nature which said Plazntiff might assert by reason of the above descrihed incident together with all claims heretofore asserted in Caase No. 352-348806-23, in �he 352°d Judicial District Court, Tarxant Cou�ty, Texas, including claims for physical pain and suffering (past and future), m�ntal anguish (past and future}, physical disfigurement (past and future), medicat expenses (past and future), physical impairment (past and future), lost wages, loss af earning capacity, property damages 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 Fo�rt Worth, and all agents, employees, workers and representatives of the City of Fort Worth, and a11 others connected with ar in privity with the Ciry af Fort Worth, its heirs, represeniatives, successoxs and assigns, from any and all clairns or cause(s) of action, including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff Carlos Uresti, or by anyone on his behalf, arising out of �he above described incident. 3. For the same consideration, Plaintiff, Carlos Uresii, declares a.nd warrants that all medical, hospztal, and/or other expenses of any and every nature and chaxacter 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 March 27, 2022, made the basis of this litigation, have been or will be paid or cornpromised by Plaintiff, and Plaintiff hereby agrees to defend, indemnify and hold harmless Defendant, City of Fort Worih and any ather person, corporation, association, partnership, or entiry in privity with or connected with it, as well as any person, corporation, association, partnership, or �ntity it is or may be required to defend, indemnify, or hold harrnless from and againsi any claims for medicai, hospital, and/or other claims and expet�ses of any and every nature, including but not limited to, claims which rnay here�fter be made under the authority of the Te�as Hospital Lien Law or any other state or federal statute, rule, or regulation. PLAINTIFF REPRESENTS THAT N�NE �F THE MEDICAL BILLS OF CARLOS URESTI HAVE BEEN PAID BY MEDICARE, MEDICA�D OR BY ANX OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER GOVERNMENTAL OR QUASI-G4VERNMENTAL AGEI�ICY I�IAS PAIA ANY BILLS, WHATSOEVER, PLAINTIFF WILL FULLY SATISFY ANY CLAIM EV��2. A.SSERTED BY MEDICARE, MEDIC.AID OR OTkIER G4VERNMENTAL OR QUASI-GOVERNMENTAL AGENCY FOR REIMBUl.2SEMENT AND WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY (JF FORT WORTH AND ANY OTHER PERSON, CiDRPORATYON, ASSOCIATION, PARTNERSHIP !JR ENTITY IN PRTVITY WITH OR CONNECTEll WITH IT AGAINST ANY SUCH CLAIM. 4. Taxes. The Parties wi11 report, as may be required by law, their respective payments and receipt af the amounts described herein. Plaintiff, Carlos Uresti, and his attorney, Bx�an McDonald, David S. Kahm & Associates, 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 hizn or to his attorney under this Agreement; and (2} Plaintiff and his attorney are ultimately responsible for determining the taxability of any af the payments made to Plaintiff and his attorney in this Agreement, and �or 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 fo the referenced surt 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 agreec� that this settlement is in compromise of disputed claims and tl�at the payment made hereunder is not to be construed as admission of liability on the part of the City of Fort Worth, and, in fac�, City denies liability for the above-described accident, if any, and intends, by tl�is settlernent, merely to buy its peace. Plaintzff Carlas Uresti acknawledges that he and his attorney, Brian McDonald, David S. Kohm & Associates, 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 cormected with the City af 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 herehy autharizes and direcis his attorney, Brian McDonald, David S. Kohm & Associates, to prepare and file the appropxiate Motion and Order of Dismissal, with prejudice, with respect io Carlos Uresti's claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff Carlos Uresti and his attorney, Brian McDonald, David S. Kohm & Associates agree to expeditiously pravide any information the Court ma� require, and/or to attend any hearings the Court may require, in connection with the dismissal of said lawsuit. 7. It is understood and agreed that all taxable court costs will be paid by the paxry incurring same. 8. This Compromise Settlement Agreement and Releas� of AIl Clairns may be executed in a number of identical counterparts, each of which shall be deemed an original for al� 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 snbject matter. No oral anderstandings, statements, promises, or inducements contrary to the terms of this Agreement e�st. 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, Carlos Uresti, represents and acknowledges that this Compxomise Settlement Agreement and Release of All Claims has been read in its entirety before signing and that it has been fizlly explained, in detail, to him by his attorney, Brian McDonald, David S. Kohm & Associates, and that it is fully understood. 10. Plainiiff assumes the risk of mistake of fact or Iaw with regard to any aspect of this Settlement Agreement and to the dispute described herein, or any asserted rights released by this Agreement. 1l. By his signature hereto, Carlos Uresti, Plaintiff, represents and declares that he is more than eighteen (18) years of age and is ful�y competent to enier into this Compromise Settlement Agreement and Release of All Claims, that the representations, declarations and agreements herein are accurate, bind'zng, and are con�racival in zaature 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 af 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 la�ts of the State of Texas, to the extent not preempied by federal law. 13. This Agzeement is the product of arm's-length negatiations between the Parties, and no Party shall he 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 reasonabie time to review with legal caunsel, and na Party shall be entitled to have any wording of this Agreement construed against the other Party as the drafter of the Agreernent in the event of any dispute in connection with this Agreement. i t This agreement should be effective as of the date the last party's signature is affixed � ; hereto as indicated by the dates set forth below. ; � �. , -�i� ��-�-�°�' CARLOS URESTI, Plaintiff Date: j�/�/ /�� c,/ � STATE OF TEXAS § C4UNTY QF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared CARLOS URESTI, known to me to be the pexson whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed ihe same as his free act and deed for pur�oses and consideration therein expressed. GIVEN Y.TNUER MY HAND 1�ND SEAL OF OFFICE this day of —��!�, 2024. `��,�a�F��%, BRANDY N. hSUSICK � � ...�;��:;'n�,Y . a�..._ --. ,. .. ,CpfiY .,@�; �l:� '—_.c . _. . ?_°,� � „� Notary Publ�c, State of Texas r -. `.T~ =�.��.��ry: Comm. Expires 10-27-2027 Notary Public in and for the State of Texas � ��'%�O,ti;;�`�, Notary ID 124067285 APPROVED: Brian McDonald {-b,�,,,R,��,,�w,��. David S. Kohm & Associates 1414 W. Randol Mill Rd., Suite 118 Arlington, TX 76012 Tel: (817) 861-8400 Facsimile: (817) 200-0111 briamn �x attoinevkol�m.Gom E�-Service: lit-e�le ct,attort�.eykohm.com CITY OF FORT WORTH: APPROVED: Assistani City Manager CITY OF FORT WORTH APPROVED: /s/ Emily P. Hollenbeck Attotney far Defendant, City of Fort Worth Emily P. Hollenbeck Sr. Assistant City Attorney ATTES'I's _ � �� ,� ,. � -��, �, ti c ��c , � �:�..,(` r{�c�c- J�ette S. Goodall, City Secretazy ,,� � Date: l� ��-�a� Date: Date: 01 /02/2025 �� d �g=�0 a d o° �,� a �,aA' Date; ( '�`� �� ICIAd. �RECO�,�` u CIT� SECRETi4RR: FT. Wp�TFI, T�