HomeMy WebLinkAboutContract 63243=—W err } 111
MAY 9'9151- ,AM15 7
City Secretary
ContractractNo
CAUSE NO.141-350611-24
MINNIE ISH-CARY § IN THE DISTRICT COURT
Plaintiff §
v. § 141ST JUDICIAL DISTRICT
CITY OF FORT WORTH POLICE §
DEPARTMENT and JOSHUA D. §
ROGERS §
Defendant § TARRANT COUNTY, TEXAS
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL
CLAIMS
I. RECITALS
WHEREAS, Kashiona Jones, Plaintiff in the above -entitled and numbered cause
("Plaintiff'), alleges that on or about May 13, 2022 (sometimes erroneously referred to in
the pleadings as May 13, 2021), she received personal injuries in an automobile accident
when the vehicle in which she was a passenger was struck by a City of Fort Worth Police
vehicle;
WHEREAS, Plaintiff Kashiona Jones 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 Kashiona Jones, 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 Kashiona Jones has offered to compromise and settle all
claims and causes of action of any kind other than property damage 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 accident in consideration of payment by the City to Plaintiff Kashiona
Jones, and her attorney, Jim S. Adler & Associates, the sum of Ninety Nine Thousand,
Nine Hundred and Ninety Nine Dollars ($99,999.00) in full and final settlement of all
OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
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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 kind on account of
the alleged incident made the subject of Plaintiff Kashiona Jones' suit, the City has agreed
to the payment terms described above in compromise and settlement of the disputed claims
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, the City and Plaintiff agree that:
I. Kashiona Jones, Plaintiff herein, for and in consideration of payment by the
City of Fort Worth to Kashiona Jones and her attorney, Jim S. Adler & Associates, the sum
of Ninety Nine Thousand, Nine Hundred and Ninety Nine Dollars ($99,999.00) 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 herself,
her 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.
141-350611-24, in the 14111 District Court, Tarrant County, Texas, including claims for
physical pain and suffering (past and future), medical expenses (past and future), physical
impairment (past and future), and any other kind, character or nature of damage related to
personal injury or breach of contract 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 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 Kashiona Jones, or by
anyone on her behalf, arising out of the above described incident.
3. For the same consideration, Plaintiff, Kashiona Jones, 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
Compromise Settlement Agreement and Release of All Claims -Kashiona Jones
Cause No. 141-350611-24; Ish-Cary v. City of Fort Worth Police Department, et al.
Page 2 of 6
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the injury that allegedly occurred on or about May 13, 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
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 KASHIONA JONES
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.
IT IS THE INTENTION OF THE PARTIES THAT KASHIONA JONES SHALL
FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT
WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION,
PARTNERSHIP, OR ENTTI Y IN PRIVITY WITH OR CONNECTED WITH IT
AGAINST ANY SUBROGATION CLAIM EVER ASSERTED AGAINS THE CITY
AS A RESULT OF KASHIONA JONES' ALLEGED INJrURIES
4. Taxes. The Parties will report, as may be required by law, their respective
payments and receipt of the amounts described herein. Plaintiff, Kashiona Jones, 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. It is
Compromise Settlement Agreement and Release of All Claims -Kashiona Jones
Cause No. 141-350611-24; Ish-Cary v. City of Fort Wonh Police Department, et al.
Page 3 of 6
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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, Kashiona
Jones, acknowledges that she and her attorney, Tanner C. Forman, 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 he entitled to the proceeds of this sPttinment
6. Plaintiff, Kashiona Jones, acknowledges that the Court has granted the City's
Plea To The Jurisdiction in the above numbered and entitled cause, thereby dismissing,
with prejudice, all of her claims that were, or could have been, asserted by her against the
City in that cause and she agrees that she has not, and will not, appeal that dismissal.
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, Kashiona Jones, 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. By her signature hereto, Kashiona Jones, 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.
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.
Oymommise.Settlement Agreement and Release, of All Claims-Kaihinna Innis
Cause No. 141-350611-24; Ish-Cary v. City of Fort Worth Police Department, et al.
Page 4 of 6
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12. 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 all Parties after
reasonable time ILO review wiLllegal counsel, and no Party shaii 'De 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.
KASHIONA JON S. Plaintiff
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
KASHIONA JONES, 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
2025. _ ..........
'eM* WENDY S. NELSON
r
yMy Notary ID # 124181
.1; 544
;..IresApr;t,,,zozs
�= Notary Public in and or the State of Texas
APPROVED:
A�ojey for fTanC. For
Jim S. Adler Associates Attorney
CITY OF FORT WORTH:
Date: S 7
Compromise Settlement Agreement and Release of All Claims-Kasiuona Jones
Cause No. 141-350611-24; Ish-Cary v. City of Fort Worth Police Department et al.
Page 5 of 6
From:8174517275 04/26/2026 03:58 *87B P.006/006
APPROVED:
/ I L
Assistant City Manager
CITY OF FORT WO H
APPROVED:
(a A 7
Attorney for Defendant, City of Fort Worth
Harvey L. Frye Jr.
Sr. Assistant City Attorney 104
S_ Goodall, City Secretary
Date:
Date:
Date:
05/08/2025
S%ty ItA?,L
Compromise Settlement Agreement and Release of AU Claims-Kashiona Jones + _t
Cause No. 141-350611-24; Ish-Cary v. City of Fort Worth Police Department, et al.
Page 6 of 6
Date: 05/Lq/-,0Q.5
To: Jannette Goodall
FOR YOUR CONVENIENCE
We are taking the liberty of forwarding the
attached information without a cover
letter in the belief that promptness may
be more important to you than formality.
Office of the City Attorney
THE CITY OF FORT WORTH
100 Fort Worth Trail
Fort Worth, Texas 76102
817.392.7600
By: Harvev Frve
Re: Minnie Ish-Cary v. City of Fort Worth, et al.; Kashiona
Jones Settlement Agreement
Cause No. 141-350611-24
Please sign the attached where indicated and file as part of the
City Secretary's Official Record. Note that there is one (1)
settlement agreement attached for filing. Thank you.
Anqela White x 8006