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HomeMy WebLinkAboutContract 63566*042►rex*x:Il CAUSE NO. 348-358417-24 SHANOLA NELSON and § IN THE DISTRICT COURT CORTYVIA GILLETTE, § Plaintiffs § V. § 348T11 JUDICIAL DISTRICT CITY OF FORT WORTH and § BOBBY GARRETT BAILEY, § Defendants § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS BY CORTYVIA GILLETTE I. RECITALS WHEREAS, Cortyvia Gillette, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges that on or about January 24, 2023, 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 vehicle operated by the City's employee, Bobby Garrett Bailey; and WHEREAS, Plaintiff Cortyvia Gillette 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; and WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff Cortyvia Gillette, suit was filed against Bobby Garrett Bailey and 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; and WHEREAS, Plaintiff Cortyvia Gillette has offered to compromise and settle all claims and causes of action of any kind which she may have against Bobby Garrett Bailey and the City, its agents, employees, workers and representatives, and all others connected with or in privity with Bobby Garrett Bailey and the City, arising out of or connected in any way with the above described accident in consideration of payment by the City to Plaintiff Cortyvia Gillette, and her attorney, Stoy Law Group, the sum of Ten Thousand Dollars ($10,000.00) in full and final settlement of all claims against Bobby Garrett Bailey OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX and the City, its agents, employees, workers or representatives, arising out of the accident described above and Plaintiff s alleged injuries; and WHEREAS, even though Bobby Garrett Bailey and the City deny any liability of any kind on account of the alleged incident made the subject of Plaintiff Cortyvia Gillette' suit, the City, on behalf of itself and Bobby Garrett Bailey, 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. 11. 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, Bobby Garrett Bailey and the City and Plaintiff agree that: 1. Cortyvia Gillette, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Cortyvia Gillette and her attorney, Stoy Law Group, the sum of Ten Thousand Dollars ($10,000.00) in full and final settlement of all claims against Bobby Garrett Bailey and 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 Bobby Garrett Bailey and the City of Fort Worth, and its agents, employees, workers and representatives, and all others connected with or in privity with Bobby Garrett Bailey and 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. 348-358417-24, in the 348" District Court, Tarrant County, Texas, including but not limited to, 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 property 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 Bobby Garrett Bailey and 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 Bobby Garrett Bailey and 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 Cortyvia Gillette, or by anyone on her behalf, arising out of the above described incident. Compromise Settlement Agreement and Release of All Claims-Cortyvia Gillette Cause No. 348-358417-24; Nelson & Gillette v. City of Fort Worth Police Department, et al. Page 2 of 6 3. For the same consideration, Plaintiff, Cortyvia Gillette, 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 24, 2023, 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 Defendants, Bobby Garrett Bailey and 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 CORTYVIA GILLETTE 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 BOBBY GARRETT BAILEY AND 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 CORTYVIA GILLETTE SHALL FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS BOBBY GARRETT BAILEY AND THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP, OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUBROGATION CLAIM EVER ASSERTED AGAINS THE CITY AS A RESULT OF CORTYVIA GILLETTE' ALLEGED INJURIES 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Cortyvia Gillette, and her attorney acknowledge and agree that: (1) Bobby Garrett Bailey and the City and their 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 Compromise Settlement Agreement and Release of All Claims -Cortyvia Gillette Cause No. 348-358417-24; Nelson & Gillette v. City of Fort Worth Police Department, el al. Page 3 of 6 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 Bobby Garrett Bailey and the City regarding whether or not they are 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 Bobby Garrett Bailey and the City of Fort Worth, and, in fact, Bobby Garrett Bailey and the City deny liability for the above -described accident, if any, and intend, by this settlement, merely to buy their peace. Plaintiff, Cortyvia Gillette, acknowledges that she and her attorney, Stoy Law Group, are the only parties entitled to the proceeds of this settlement and agrees to defend and indemnify Bobby Garrett Bailey and the City of Fort Worth and all persons or entities connected with Bobby Garrett Bailey and the City of Fort Worth against any person or entity who claims to be entitled to the proceeds of this settlement. 6. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 7. 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. 8. Plaintiff, Cortyvia Gillette, 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. 9. By her signature hereto, Cortyvia Gillette, 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. Compromise Settlement Agreement and Release of All Claims-Cortyvia Gillette Cause No. 348-358417-24; Nelson & Gillette v. City of Fort Worth Police Department, et al. Page 4 of 6 10. 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. 11. 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 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. CORTYVIA GILLETTE, Plaintiff Date: C, t 1,�- IQ, STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared CORTYVIA GILLETTE, 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. Ads S. 011va My Cs612912029 xPEres lie Notary IW33086710 N ary Pu lic in and forphe State of Texas APPROVED: Is/ Grgory A. Cole Date: tit 1 wnzS Attorney for Plaintiff Gregory Cole Stoy Law Group Attorney Compromise Settlement Agreement and Release of All Claims-Corlyvia Gillette Cause No. 348-358417-24; Nelson & Gillette v. City of Fort Worth Police Department, el al. Page 5 of 6 BOBBY GARRETT BAILEY AND CITY OF FORT WORTH: APPROVED: 'Dana EGt1'aMoAr Dana Burghdoff (Jun A, 2025 1U8 CDT) Assistant City Manager CITY OF FORT WORTH APPROVED: Attorney for Defen ants Bobby Garrett Bailey and City of Fort Worth Harvey L. Frye Jr. Sr. Assistant City Attorney ATTEST: nn PoF FORr°�°a oaa a�a,� 000 00 *p °can nE��°ps4a Janette S. Goodall, City Secretary Date: 06/25/2025 Date: Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Compromise SettlementAgreementand Release of All Claims -Cortyvia Gillette Cause No. 348-358417-24; Nelson & Gillette v. City of Fort Worth Police Department, et al. Page 6 of 6 CAUSE NO. 348-358417-24 SHANOLA NELSON and § IN THE DISTRICT COURT CORTYVIA GILLETTE, § Plaintiff § § 348T11 JUDICIAL DISTRICT V. § CITY OF FORT WORTH and § BOBBY GARRETT BAILEY, § Defendants § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS BY SHANOLA NELSON I. RECITALS WHEREAS, Shanola Nelson, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges that on or about January 24, 2023, she received personal injuries in an automobile accident when the vehicle she was driving was struck by a City of Fort Worth vehicle operated by the City's employee, Bobby Garrett Bailey; and WHEREAS, Plaintiff Shanola Nelson 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; and WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff Shanola Nelson, suit was filed against Bobby Garrett Bailey and 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; and WHEREAS, Plaintiff Shanola Nelson has offered to compromise and settle all claims and causes of action of any kind which she may have against Bobby Garrett Bailey and the City, its agents, employees, workers and representatives, and all others connected with or in privity with Bobby Garrett Bailey and the City, arising out of or connected in any way with the above described accident in consideration of payment by the City to Plaintiff Shanola Nelson, and her attorney, Stoy Law Group, the sum of Thirty Thousand Dollars ($30,000.00) in full and final settlement of all claims against Bobby Garrett Bailey and the City, its agents, employees, workers or representatives, arising out of the accident described above and Plaintiff's alleged injuries; and WHEREAS, even though Bobby Garrett Bailey and the City deny any liability of any kind on account of the alleged incident made the subject of Plaintiff Shanola Nelson's suit, the City, on behalf of itself and Bobby Garrett Bailey, 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. 11. 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, Bobby Garrett Bailey and the City and Plaintiff agree that: l . Shanola Nelson, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Shanola Nelson and her attorney, Stoy Law Group, the sum of Thirty Thousand Dollars ($30,000.00) in full and final settlement of all claims against Bobby Garrett Bailey and 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 Bobby Garrett Bailey and the City of Fort Worth, and its agents, employees, workers and representatives, and all others connected with or in privity with Bobby Garrett Bailey and 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. 348-358417-24, in the 348" 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 property 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 Bobby Garrett Bailey and 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 Bobby Garrett Bailey and 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 Shanola Nelson, or by anyone on her behalf, arising out of the above described incident. Compromise Settlement Agreement and Release of All Claims -Shanola Nelson Cause No. 348-358417-24; Nelson & Gillelle v. City of Fort Worlh Police Department, et al. Page 2 of 6 3. For the same consideration, Plaintiff, Shanola Nelson, 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 24, 2023, 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 Defendants, Bobby Garrett Bailey and 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 SHANOLA NELSON 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 BOBBY GARRETT BAILEY AND 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 SHANOLA NELSON SHALL FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS BOBBY GARRETT BAILEY AND THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP, OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUBROGATION CLAIM EVER ASSERTED AGAINS THE CITY AS A RESULT OF SHANOLA NELSON' ALLEGED INJURIES 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Shanola Nelson, and her attorney acknowledge and agree that: (1) Bobby Garrett Bailey and the City and their 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 Compromise Settlement Agreement and Release of All Claims -Shanola Nelson Cause No. 348-358417-24; Nelson & Gillette v. City of Fort Worth Police Department, et al. Page 3 of 6 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 Bobby Garrett Bailey and the City regarding whether or not they are 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 Bobby Garrett Bailey and the City of Fort Worth, and, in fact, Bobby Garrett Bailey and the City deny liability for the above -described accident, if any, and intend, by this settlement, merely to buy their peace. Plaintiff, Shanola Nelson, acknowledges that she and her attorney, Stoy Law Group, are the only parties entitled to the proceeds of this settlement and agrees to defend and indemnify Bobby Garrett Bailey and the City of Fort Worth and all persons or entities connected with Bobby Garrett Bailey and the City of Fort Worth against any person or entity who claims to be entitled to the proceeds of this settlement. 6. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 7. 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. 8. Plaintiff, Shanola Nelson, 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. 9. By her signature hereto, Shanola Nelson, 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. Compromise Settlement Agreement and Release of All Claims -Shanola Nelson Cause No. 348-358417-24; Nelson & Gillette v. City of Fort Worth Police Department, et al. Page 4 of 6 10. 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. 11. 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 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. �SHANOLA ELSON, Plaintiff Date: (�, /145/CQl a C STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared SHANOLA NELSON, 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. Ads E. Ottva My Co5129/2029 xpire� Notary lD133088710 Notary Pu and for the State of Texas r APPROVED: /s/ Gregory A. Cole Date: Attorney for Plaintiff v Gregory Cole Stoy Law Group Attorney Compromise Settlement Agreement and Release of All Claims-Shanola Nelson Cause No. 348-358417-24; Nelson & Gillette v. City of Fort Worth Police Deparbnent, et al. Page 5 of 6 BOBBY GARRETT BAILEY AND CITY OF FORT WORTH: APPROVED: Dana EwaGob# 06/25/2025 Dana Burghdoff (Jun`A, 20251U8 CDT) Date: Assistant City Manager CITY OF FORT WORTH APPROVED: Date: Attorney for Defend its Bobby Garrett Bailey and City of Fort Worth Harvey L. Frye Jr. Sr. Assistant City Attorney ATTEST: Date: Jannette S. Goodall, City Secretary Signature: �5,,SLW Email: allison.tidwell@fortworthtexas.gov Compromise Settlement Agreement and Release of All Claims-Shanola Nelson Cause No. 348-358417-24; Nelson & Gillette v. City of Fort Worth Police Department, et al. Page 6 of 6