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HomeMy WebLinkAboutContract 63881CSC No. 63881 CAUSE NO.2024-004924-3 ALVARO CARRILLO, § IN THE COUNTY COURT Plaintiff, § V. § AT LAW NO.3 CITY OF FORT WORTH, TEXAS, § Defendant § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Alvaro Carrillo, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges that on or about July 2, 2023, he received personal injuries in an automobile accident when the vehicle in which he was operating collided with a City of Fort Worth Animal Care & Control vehicle; WHEREAS, Plaintiff Alvaro Carrillo 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 Alvaro Carrillo, 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 Alvaro Carrillo has offered to compromise and settle all claims and causes of action of any kind which he 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 Alvaro Carrillo, and his attorney James R. Baudhuin, of the Baudhuin Law Office, P. L. L. C., the sum of Eighty -Five Thousand Dollars ($85,000.00) 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, Alvaro Carrillo'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, Alvaro Carrillo's, 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 Compromise Settlement Agreement and Release Carrillo v CFPV - Page I of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX acknowledged, the City and Plaintiff Alvaro Carrillo agree that: 1. Alvaro Carrillo, Plaintiff herein, for and in consideration of payment by the City of Font Worth to Alvaro Carrillo, and his attorney, James R. Baudhuin, of the Baudhuin Law Office, P.L.L.C., the sum of Eighty -Five Thousand Dollars ($85,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of Plaintiffs alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, does for himself, his representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Foil 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. 2024-004924-3, in County Court at Law No. 3, Tarrant County, Texas, including claims for physical pain and suffering (past and firture), mental suffering (past and future), medical expenses (past and future), physical impainnent (past and future), lost wages, 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 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 Alvaro Carrillo, or by anyone on his behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff, Alvaro Carrillo, declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character 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 July 2, 2023, trade 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 ALVARO CARRILLO 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. PLAINTIFF ALVARO CARRILLO ALSO REPRESENTS THAT HE WILL FULLY Compromise Settlement Agreement and Release Carrillo v CFfV - Page 2 of 6 SATISFY ALL LEGAL BILLS INCURRED BY HIM WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Alvaro Carrillo, and his attorney 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 him orto his attorney under this Agreement; and (2) Plaintiff and his attorney are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and his 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 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, the City denies liability for the above -described accident, if any, and intends, by this settlement, merely to buy its peace. Plaintiff, Alvaro Carrillo acknowledges that he and his attorney, James R. Baudhuin, 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, including, but not limited to, any attorney or law firm who claims to have represented Plaintiff at any time with regard to the alleged damages made the basis ofthis lawsuit or that could have been made the basis of this lawsuit who claims to be entitled to tiie proceeds of this settlement. 6. Plaintiff agrees to dismiss the cause of action in the above -entitled and numbered matter, with prejudice, and hereby authorizes and directs his attorney, James R. Baudhuin, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff, Alvaro Carrillo's, claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff Alvaro Carrillo and his attorney agree to expeditiously provide any information the Court may 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 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, Alvaro Carrillo, 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 him by his attorney and that it is fully understood. Compromise Seldement Agreement and Release Carrillo v CF{V - Page 3 of 6 10. By his signature hereto, Alvaro Carrillo, Plaintiff, represents and declares that he 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 him as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. H. 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. 12. This Agreement is the product ofarm'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. C",99 ALVKhO tARRILLO, Plaintiff Date: g ` / X ~ "A5 Compromise settlement Agreement and Release Carrillo v CFW - Page 4 of STATE OF TEXAS § COUNTY OF 5 § BEFORE ME, the undersigned authority, on this day personally appeared ALVARO CARRILLO, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of U.J 1, 2025. Notar 6publriiin and f r the tate of S _ ;.,�� _u L LIA E. 3ANCHEZ r� MY COMMISSION EXPIRES MARCH 20,2029 NOTARY ID: 322523 Compromise Settlement Agreement and Release Corrilio v CFIV - Page 5 of 6 APPROVED AS TO FORM: Date: --e)f — Attorney for P�t�fP'`_ James R. B, lIdhuln State Bar No. 01920050 BAUDHUIN LAW OFFICE, P.L.L.C. 1515 Jacksboro Highway Fort Worth, Texas 76114 CITY OF FORT WORTH: APPROVED: Dana sor hdoff Aug 21,2025 Dana Burghdoff (Aug 21, 2025`:8!53:28 CDT) Date: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Date: 8/20/25 Attorney for Defendant, City of Fort Worth Destiney-Ariel Hicks Assistant City Attorney p 0�FaIl ONT dA ATTEST: aa C� c 44, ezae4ad Date: 8-22-2025 Jannette S. Goodall, City Secretary Signature: ` 5� Email: allison.tidwell@fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Compromise Settlement Agreement and Release Carrillo v CF{V -Page 6 of 6