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HomeMy WebLinkAboutContract 63757CAUSE NO. 153-349358-24 URIEL LEMON BROWN, § INDIVIDUALLY AND ON BEHALF § OF THE ESTATE OF ANDRA CRAIG, § § Plaintiff § v. § § THE CITY OF FORT WORTH, § § Defendant. CSC No. 63757 IN THE DISTRICT COURT 153 rd JUDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Compromise Settlement Agreement and Release of All Claims ("Agreement") is made and delivered by and to URIEL LEMON BROWN, individually and on behalf of the ESTATE OF ANDRA CRAIG ("Plaintiff') and the CITY OF FORT WORTH ("City" or "Defendant"), referred to herein collectively as the "Parties." WHEREAS, On July 6, 2023, police officers were involved in a vehicle pursuit of a suspected stolen vehicle. A police unit entered the intersection at Evans Street and Rosedale Street and struck a vehicle being driven by Andra Craig. Mr. Craig later died. As used herein, "Occurrence" refers to the accident described above, the events leading up to that accident, and the injury and death of Andra Craig. Uriel Lemon Brown and the Estate of Mr. Craig sued the City of Fort Worth alleging that the negligence of the City was the proximate cause of the accident; and WHEREAS, Plaintiff filed a lawsuit against the City of Fort Worth styled, Uriel Lemon Brown, individually and on behalf of the estate of Andra Craig v. City of Fort Worth; Cause No. 153-349358-24 in the 153 rd Judicial District Court, Tarrant County, Texas (the "Lawsuit"), claiming damages arising from or related to the Occurrence, including damages for claimed personal injuries; and WHEREAS, subsequent to the filing of the Lawsuit, Nefertari Mundy aka Nefartari Mundy filed an Application For Letters oflndependent Administration in Probate Court No. 2 of Tarrant County seeking the appointment as Independent Administrator of the estate of Andra Craig; and WHEREAS, Nefertari Mundy aka Nefartaxi Mundi is not named as a party to the Lawsuit, nevertheless she has reviewed this Compromise Settlement Agreement and Release of All Claims and approves and adopts same and joins in this Agreement and Release to ihe same extent as Plaintiff; and WHEREAS, the Parties desire to settle all matters in con�roversy; and VSTHEREAS, this Agreement and ftelease is cantingent on approval by the Fort Worth City Council, which appraval is expe�ted by the Parties. ARTICLE 1 Consideration NOW, THEREFORE, in consideration of the recitals set forth abo�e, the mutual prarr�ises and agreements rnade hexein, and ather valuable cansideration, the receipt and sufficiency of which are acknowledged, the City and Plaintiff agree that: The CiCy of Fort Woxth shall pay to Plaintiff the tofial present va�ue of exact�y Tvvo Hundred and Fifty Thousand Dollars ($250,OOO.QD} ("Settlemen� Funds"), The Plaintiffand his legal counsel shall be paid oui af the Settlement Funds. A11 costs of caurt, expert fees, ad lifern £ees, and all other expenses incurred by the Plaintif�', unless othexwise expressed below, shall be paid out of the Set�Iemeni Funds_ The City of Far� Worth agrees to pay the Settlement Funds within 30 days of City Council approval. The Parties shall cooperate in executing and filing a Mation or Stipulation of Dismissal With Prejudice of the Ciry of Fort Worth and shall submit same to the Court for entty within ten (14) days after the settlement funds are received by the Plaintiff. ARTYCLE 2 fteleases Except far the obligations imposed an the Parties by �his Agreement, Plaintiff, on his own behalf and on behalf of his agents, attarney, successars, and assigns, and any person ox entiry claiming by, through or under them, do hereby rel.ease, acquit and forever discharge the City and each of i�s current or previous agents, employees, servants, representatives, attarneys, insurers, xeinsurers, subsidiaries, successors and assxgns (collecrively, the "Defendant"), from and against any and all claims, demands, cause� of action, liabilities and damages (inciud�g but not li�xaited to actual dam.ages, exemplary and punitive damages, Canapransise Seltlen2entAgreeme�t and Release vfAll Clai�ns Cause Na. 153-3�9358-24; Uriel Lemon Brorvn, et al v. City �f Fort Wor•tlz Page 2 of $ statutory damages, penalnes, attarney's fees, prejudgment and post-judgment interesfi and expenses), of any and every character, kind and nature whatsoever, at Iaw or in equity, whether lcnown or unknown, past, present or future, accxued or unaccxued, contingent ar fixed, whether based an the Iaw of contract, tort, or otherwise, whether under canstitutional law, statutory law, or common Iaw, whether state or federal, includiz�g, but nat Iimited to, claims arising under ihe Wrongful Deaih Statute, claims arzsing under the Survival Statute, and all claims arising out af, resulting from, based upon, or related in any way to the Occurrence or any transaction or interaction between the Parties pxior to the e�ecution of this Agreement, the subject matter of the Iavvsuiti, or the actions of fhe Parti.es in the negotiation and execution af this Agreement. The Defendant described abo�e includes Fart Worth Police Officex, Lu�,ueX JoeX. In consideration af the respective payment described above, Plainii�f' agrees ta indemnify and farever hold harmless and defend the City af Fort Warth, and all agents, em.playees, including Fort Worth Police Of�icer Linuel Joel, vvorkers and reprresentatives of the City of Foxt Worth, and ail others connected with or in privity with ihe City of Fort Woxth, its heixs, representatives, successors and assigns, from any and all claims or causes of action, including any costs or expenses in connectian therewith, which may hereafter be brought by Plaintiff, or by anyone on their behalf, arisu�g out of th� Occurxence. ARTICLE 3 E�press Understandings and Acknowledgments The Par�ies unde�stand and aclrnowledge that this Agreement constitutes a FULL, UNCONDITIONAL AND COMPLETE RELEASE and includes all claims agaxnst the De�endant, including, but not Iimit�d ta claims for actual damages, compensatory damages, exemplazy damages, punitive damages, violaiions of any fedexal or state cornman law duty, statute, or regularion, attorney's fees, interest, or any other cause oi action that was ox could have been brought in the Lawsuit or otherwise relating to ar arising from the Occurrence. The Parties understand and aclrnowledge that upon execution of'this Agree�nent there are no furthex oblxgarions or duties of any kind, express or implied, legal or equitable, owed by any of the Parties to one another with regard to the subject matter of the Lawsuit, except as may be e�pxessZy pxovided in this Agreement. The Farties understand and acknowledge that by executing this Agreexz�ez�t, no party adrr�its any liability, such Iiability being specxfically denied. The Parties understand and acknowledge that this Agreement is made as a compromise and shall ne�rer be used as evidence of liability or wrongdoing of any of the Parties in any claim, cause of action nr suit, except in a suit wherein a breach of this Agreement is aIleged. Ca��promise Settl�rr�ent Agr^eeme�t and Release ofAll Claims Cause No. .IS3-349358-24; U�'iel Lernor� Brown, et c�l v. City ofFor� Worth Page 3 of $ Taxes. The Plaintiff will report, as may be required hy law, their respective payments and xeceipt of the amounts described herein. Plaintiff acknowledges and agrees that: (1) the City and its Iegal counsel have made na representations to Plainti�f�' regarding the tax consequences of the payments made to him under this Agreement; and (2) Plaintiff is ultimately responsible for de#ermining �he taxability of any af the paymenks made to Plaintiff 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. A11 payments provided for herein constitute damages on account of personal physical inj�ries and/or physical sxckness, within the meaning a� Section ].Q�(a)(2} o� the Internal Rev�nue Code af 1986, as amended ARTICLE 4 Express Representations and Warranties Plaintiffrepresents andwarrants as follows: All ex�enses of any and every natuxe and character whatsoever incurrec� by Plaintiff axising frozn the Occurrence or in connection with the Lawsuit have been or will hereafter be paid in full by Plaintiff, including, but not limited to, any and all claims of providers of inedical and related services, Medicare and/or Medicaid, insurers, attorney, gavernmental agenczes or others who tnay claim a lien, subrogation, or other rights with respect to or related to the Occurrence described above and any injuries or damages in.curred or sustained as a result of it. To Plaintiff s knowledge, no insurance, hos�ital, Social Security, Medicare, Medicaid, child support, or other liens e�st or will give rise to any claim against the Defendant. Plaintiff has not assigned, pledged or atherwise in any rnanner whatsoever sold or transferred, either by instrumeni in writing or otherwise, any right, title, interest or claim that he has or may have by reason of the Occurrence or any matters arising out of or related thereto. Before executing this Agreement, Plai.n.tiff has fully i.xxfoz'med himself of its terms, confen#s, condi.tio�as az�d effect, and na promise or representation of any kind has been :�xiade io him by the Defen�.ant or by anyone acting far Defendant, except as expressly stated in this Agreement. Plaintiffhas relied solely and completely upon his own in making this settlement, and Colnpt•onzise Settlement Agree�nent and Release of Ali Ciainzs Cause ,No. ,153-349358-.24; Uriel Lenaon B�own, et al v. City vf Fvrl Worlh Page 4 of S Plaintiff fully understands that this is a fu11, complete and final xelease, and that the aforementivned $250,0OO.OQ is all the money that is to be paid by the Defendant or any person or entity connected with tlie Defendant to him as a result of the Occurrencc which underlies the released claims, and that Plaintiff wil� have no further rights to appeal. Plaintif� acknawledges that he is not relying upon the advice of the Defendant or Defendant's counsel or representatives as ta the legal and tax consequences af this Agreernent. Plaintiff aclalowledges ihat each of the above warranties and representatians is a material and inducing condition precedent to the funding of the cansideratian for this Agreement. ARTICLE 5 Disinissal af Suit Plaintiff agree to dismiss the cause af action in the abave-entitled and numbered matter, with prejudice, and hereby autharizes and directs his attorney, Dary1 K. Washington of the Washington Law Fi�rm, P.C. to prepare and file the appropriate joint mo�ion or stipulation of dismissa� with prejudice in the Lawsuit. The motion ar stipulation shall pr�vide that the matter is dismissed with prejudiee to the right of any party to re-f�e same, and that all costs are assessed against the parry incurring sarne. In thi.s cannectian, Plaintiff and his attorney agrree to expeditiously provide any information the Court may require, and/or to attend any hearing$ the Court may xequire, in connection with the dismissal of said Iawsuit. ARTICLE 6 Miscellaneous It is understoad and agreed that tlizs Agreement sha11 be governed by and consirued and enforced in accardance with, and subject to, the Iaws of the State af Texas, to the exten� not preempted by federallaw. This Agreement and the rights and obligatians included in this Agreement shall inure to the benefit af and l�e binding upon each party to this Agreement and their respecti�e successars and assigns. If any provision. az' term Of t�115 Agreement shall for any reason be held to be unenforceable or invalid, the remainder of the Agreerrient shall not be af�e�ted. This Agreement constitutes the entire agreernent bet�ween. the Parties and supersedes Conzpromise Setlleme�Tl t�greernent arid Release ofAll Clainzs Cause No. 153-349358-24; UYiel Lemor� li��own, et al v. City of Fart Wot�th Page 5 of 8 all prior oral and written understandings and agxeements between the Parties or any of them with respect to the subject matter of this Agreement. No oral understandings, statements, promises, or inducements contrary ta the terms of tl�is Agreement exxst. The provisions of this Agreement shall not be waived, modified ar amended except by subsequent writing signed by aIl Parties. This Campromise Settlement Agreement and Release of A11 Claims may be executed in a number of identzcal counterparts, each of which shall be deemed an original fox a11 purposes. This Agreement is the product of arm's-length negotiations between the Parties, and na Party shall be deemed ta be the drafter of any provision or the entire Agreement. The wording in tlzis Agreement v�ras 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 Agreemez�t in r.he event of any dispute in connection with this Agree�nnent. This agreemez�t should be effective as of the date the last party signature is affixed hereto as indicated by tl�e dates set foxth below, TN WITNESS WHER.EOF, ihe Parties have executed this Agreement individually or through their authorized representarives as of the date oar dates set farth beside th�ir respective signatu.res. 1 / . , ��- �� � _ �CJ��'�.-� � Uriel Lemo Brrown, indi�ridually and on behalf of the Estate of Andra Craig Date: �� _ �� STATE OF TEXAS § � COUNTY OF �ri, � � BEFORE ME, the undersigned authority, on this day �ersonally appeared URIEL LEMON BROWN, knawn ta me to b� the person whose narne is subscr�bed to the foxegoing ins�rument, and acknowledged to me that he executed the same as his free act and deed for purposes a�d consideration therein expressed. Comp�ornise Settlement Agree�nerrt and Release ofAZl Clarn�s Cause No. 153-349358-2�; Ur�iel Lernon Brown, et al v. City of Fort Worth Page 6 of $ IVEN UNDER MY HAND AND SEAL �a2s. �� � i= -;;'., j':' �'",,�:�• a��, i,a M�:r�-�..�.,�, �� �-'; u,', AF�fE PAiL.AN�Z �,��.�,��. <, : NaC�lry i'ublic, Staio of Texas � � �' '�.k'* ': ' � �'" C;omm. Ex ire iyf......�� p 5 U5-25-202k3 r.,r a,` : �r,"� �,� �«� Notary ID 129pD2997 � : _..�,::�::�:� �- _ _����.�:����,. STATE OF TEXAS COUNTY OF � � � § Nefertari Mundy Independent Administrator af the Estate ofr Andra Cxaig Date: _� �I��� - P,EFORE ME, the undersigned authority, on this day personally appeared NEFERTARI MUNDY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she e�cecuted the same as her free act and deed for purposes an�. consideration therein expressed. UNDER MY HAND AND SEAL 2025. �--� � �"""`�� ALICIA ti4ARIE PALLAN[L :`��Sy'! F?�`���� _z.�-� ��fVatar� Pisblic, State a#Texas _ ���. f ` ,'-�� Comm. Expires 05-25-2D28 . ,,.....T;,., "'•�c�,,;,,�• Notary 10 129fl02991 CE this � da of Y Natary Public in and for the 5�fa� of Texas N OFFICE this � day of in and"for t�eJState of Texas [ADD�TXON.AL S�GNATURES APPEAR ON THE FflLLOWING PAGES] Compramise Setllenaent Agreement and Release ofAll Clainas Cause No. 153-3�49358-2�; Uriel Lelnora Bro�vn, et al v. City ofFort Worth Page 7 af 8 CITY OF FORT WORTH: APPROVED: William Johnson, Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Isl Harvev L. Frye. Jr. Harvey L. Frye, Jr. Senior Assistant City Attorney ATTEST: Jannette S. Goodall, City Secretary Signature: � w�wcl Email: Elisa.Winterrowd@fortworthtexas.gov Compromise Settlement Agreement and Release of All Claims Date: 07/07/2025 Date: July 7. 2025 07/31/2025 Date: _______ _ Cause No. 153-349358-24; Uriel Lemon Brown, et al v. City of Fort Worth Page 8 of8