HomeMy WebLinkAbout064457 - Settlements - Contract - State Farm Mutual Automobile Insurance Company as Subrogee of Majorie BrownCSC No. 64457
CAUSE NO. JP03-25-SC00028147
STATE FARM MUTUAL § JUSTICE OF THE PEACE COURT
AUTOMOBILE INSURANCE §
COMPANY AS SUBROGEE OF §
MARJORIE BROWN, §
Plaintiff, §
§ PRECINCT NO.3
V. §
LORENZO CEDILLO, JR AND CITY §
OF FORT WORTH, §
Defendants § TARRANT COUNTY, TEXAS
COMPROMISE SETTLEMENT AGREEMENT
AND RELEASE OF ALL CLAIMS FOR PROPERTY DAMAGES
I. RECITALS
WHEREAS, State Farm Mutual Automobile Insurance Company as Subrogee of
Marjorie Brown, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges
that on or about November 18, 2023, the vehicle of its insured, Marjorie Brown, received
damage in an automobile accident when the vehicle she was driving was struck by a City
of Fort Worth vehicle, operated by Officer, Lorenzo Cedillo ("Officer Cedillo");
WHEREAS, Plaintiff, State Farm Mutual Automobile Insurance Company as
Subrogee of Marjorie Brown, further alleges that the negligence of the City of Fort Worth
("City" or "Defendant"), by way of its employee, Officer Cedillo, proximately caused the
above -described accident and the subsequent property damage to Plaintiff's vehicle, a 2010
Hyundai Elantra, VIN #: KMHDU4AD2AU 13 6490 ("Vehicle");
WHEREAS, as a result of such accident Plaintiff, State Farm Mutual
Automobile Insurance Company as Subrogee of Marjorie Brown, compensated its
insured for property damages allegedly suffered;
WHEREAS, while the City of Fort Worth denies that the alleged damage to
Plaintiff's insured's vehicle was caused by any negligence or other fault of the City or
its officers, agents or employees, to include Officer Cedillo, it has agreed to pay, and
Plaintiff has agreed to accept, the total sum of Five Thousand Nine Hundred Fifty
Dollars ($5,950.00) in full and final settlement of any and all property damage claims of
Plaintiff, his/her heirs, representatives, successors and assigns and any other person or
Compromise Settlement Agreement and Release of All Claims for Property Damages
State Farm Mutual Automobile Lisurance Company as Subrogee of Marjorie Brown
Cause No. JP03-25-SC00028147; Slate Farm Mulual fluiorvobile Insurance Company as Subrogee oJMarjorie Brown r CFW Page I of 7
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
entity claiming by, through, or under Plaintiff only, against the City of Fort Worth, its
officers, agents and employees, to include Officer Cedillo, and all other persons and
entities in privity with, or connected with, the City of Fort Worth, hereinafter sometimes
re urged to as the Released Parties, as a result of the described above accident; and,
WHEREAS, even though the City and Officer Cedillo denies any liability of any
kind on account of the alleged incident made the subject of Plaintiff, State Farm Mutual
Automobile Insurance Company as Subrogee of Marjorie Brown'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 sufficiency of
which is acknowledged, the City and Plaintiff agree that:
1. State Farm Mutual Automobile Insurance Company as Subrogee of Marjorie
Brown, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to
State Farm Mutual Automobile Insurance Company as Subrogee of Marjorie Brown and
mailed to Plaintiff's attorney, The Garner Law Firm, in the sum of Five Thousand Nine
Hundred Fifty Dollars ($5,950.00) in full and final settlement of all Plaintiff's property
damage claims against the City, its agents, employees, to include Officer Cedillo, workers
or representatives, arising out of Plaintiff's damages, and the sufficiency of such
consideration being hereby acknowledged and confessed by Plaintiff, does for itself, its
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 property damage 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. JP03-25-SC00028147, in the Justice Court, Precinct 3, Tarrant
County, Texas, including claims for any other kind, character, or nature of property
damage, which could or might be the subject of a claim by it arising from the incident
hereinabove described.
PLAINTIFF, STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY AS SUBROGEE OF MARJORIE BROWN, ALSO REPRESENTS
THAT IT WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY IT
WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES
RELATED TO THIS MATTER.
2. Taxes. The Parties will report, as may be required by law, their respective
payments and receipt of the amounts described herein. Plaintiff, State Farm Mutual
Automobile Insurance Company as Subrogee of Marjorie Brown, and its attorney
Compromise Settlement Agreement and Release of All Claims for Property Damages
State Farm Mutual Automobile Lisurance Company as Subrogee of Marjorie Brown
Cause No. JP03-25-SC00028147; Slate Farm Mutual Aulomobile Insurance Company as Subrogee oJMaiyorie Brown r CFIY Page 2 of 7
acknowledge and agree that: (1) the City and its counsel have made no representations to
Plaintiff or its counsel regarding the tax consequences of the payments made to it or to its
attorney under this Agreement; and (2) Plaintiff and its attorney are ultimately responsible
� r determining the taxability of any of the payments made to Plaintiff and its 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.
3. The release of property damage 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, City denies liability for the
above -described accident, if any, and intends, by this settlement, merely to buy its peace.
4. Plaintiff, State Farm Mutual Automobile Insurance Company as Subrogee of
Marjorie Brown, agrees to dismiss the cause of action in the above -entitled and numbered
matter, with prejudice, and hereby authorizes and directs its attorney to prepare and file the
appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff's
claims and causes of action in the above entitled and numbered case against the City.
Plaintiff, State Farm Mutual Automobile Insurance Company as Subrogee of Marjorie
Brown, and its 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.
5. It is understood and agreed that all taxable court costs will be paid by the
party incurring same.
6. This Compromise Settlement Agreement and Release of All Property
Damage 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.
7. Plaintiff, State Farm Mutual Automobile Insurance Company as Subrogee of
Marjorie Brown, represents and acknowledges that this Compromise Settlement
Agreement and Release of All Property Damage Claims has been read in its entirety before
signing and that it has been fully explained, in detail, to it by its attorney and that it is fully
understood.
8. By its signature hereto, State Farm Mutual Automobile Insurance Company
as Subrogee of Marjorie Brown, Plaintiff, represents and declares that the person signing
Compromise Settlement Agreement and Release of All Claims for Property Damages
State Farm Mutual Automobile Insurance Company as Subrogee of Maijorie Brown
Cause No. JP03-25-SC00028147; Siate Farnr Mutual dulowhile Insurance Company as Subrogee ojMar jorie Brown P CFW Page 3 of 7
this Compromise Settlement Agreement and Release of All Property Damage Claims is
more than eighteen (18) years of age and is fully competent to enter into this Compromise
Settlement Agreement and Release of All Property Damage 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 it as inducement to enter into this Compromise Settlement Agreement and Release
of All Property Damage Claims.
9. 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.
10. This Agreement is the product of arm's-length negotiations between the
Patties, 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.
STATEr MUTUAL
AUTOMOBILE INSURANCE
COMPANY AS SUBROGEE OF
MARJORIE BROWN, Plaintiff
Date: December 8, 2025
Compromise Settlement Agreement and Release of All Claims for Property Damages
State Farm Mutual Automobile Insurance Company as Subrogee of Marjorie Brown
Cause No. JP03-25-SC00028147; Slate Farm Munral Aruomobile Insurance Company as Subrogee of Marjorie Brown v CFW Page 4 of 7
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
Meredith Peek , a representative for STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY AS SUBROGEE OF MARJORIE BROWN, 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 his/he free act and deed for purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL O OFFIC his 8th day of
December 2025.
f. ;. JORGEG'0 u c NotA i r t e State of Texas
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Compromise Settlement Agreement and Release of All Claims for Property Damages
State Farm Mutual Automobile Lisurance Company as Subrogee of Maijorie Brown
Cause No. JP03-25-SC00028147; Staie Farm Manual Auomobile Insurance Company as Subrogee of Maijorie Brown r, CFW Page 5 of 7
APPROVED AS TO FORM:
Date: December 8, 2025
Attorney( for Plaintiff
Stephen E. Garner
State Bar No.: 07677450
Meredith M. Peek
State Bar No.: 24076207
TxE GARNER Law FIRM
7660 Woodway Drive, Suite 250
Houston, TX 77063
Telephone: 713.952.0122
Facsimile: 713.952.1660
ATTORNEYS FOR PLAINTIFF
Compromise Settlement Agreement and Release of All Claims for Property Damages
State Farm Muh4al Automobile bisurance Company as Subrogee of Maijorie Brown
Cause No. JP03-25-SC00028147; Slate Farm Mutual Automobile Insurance Company as Subrogee of Marjorie Brown v CFIV Page 6 of 7
CITY OF FORT WORTH:
APPROVED:
Assistant City Manager
CITY OF FORT WORTH
APPROVED AS TO FORM:
Attorney for Defendant, City of Fort Worth
Heather Banahan Nease
Assistant City Attorney
ATTEST:
Jannette S. Goodall, City Secretary Compromise Settlement Agreement and Release of All Claims for Property Damages State Fann Munial Automobile Insurance Company as Subrogee ofMa1jorie Brown 12/08/2025 Date: ------------
12/08/2025 Date: -----------
12/09/2025 Date: Cause No. JP03-25-SC00028147; Srare Farm Murual A1110111obile I11s11rance Company as Subrogee of Ma,:;orie Brown v CFW Page 7 of7
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