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Home My WebLink About064459 - Settlements - Contract - Derron BlackmanPage 1 of 6 CAUSE NO. 2025-000342-1 DERRON BLACKMAN Plaintiff, v. MARCUS RICO HARO AND CITY OF FORT WORTH Defendants. § § § § § § § § § § § § IN THE COUNTY COURT AT LAW NO. 1 TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Derron Blackman, Plaintiff in the above-entitled and numbered cause (“Plaintiff”), alleges that on or about July 21, 2023, he received personal injuries resulting from a collision in Fort Worth, Tarrant County, Texas. WHEREAS, Plaintiff Derron Blackman further alleges that the negligence of the City of Fort Worth (“City” or “Defendant”), proximately caused the above-described accident; WHEREAS, as a result of such accident, injuries, and damages allegedly suffered by Plaintiff Derron Blackman, 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(s) of action; WHEREAS, Plaintiff Derron Blackman 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 Derron Blackman, and Williams & Cannon, PLLC, the sum of Ninety Thousand and 00/100 Dollars ($90,000.00) 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’s alleged injuries, and; Page 2 of 6 WHEREAS, even though the City denies any liability of any kind on account of the alleged incident made the subject of Plaintiff, Derron Blackman’s, lawsuit, 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: 1. Derron Blackman, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Plaintiff Derron Blackman and Williams & Cannon, PLLC, the sum of Ninety Thousand and 00/100 Dollars ($90,000.00) 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 himself, his heirs, 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. 2025-000342-1, in the County Court at Law No. 1, Tarrant County, Texas, including claims for physical pain and suffering (past and future), mental anguish (past and future), physical disfigurement (past and future), medical expenses (past and future), physical impairment (past and future), lost wages, loss of earning capacity, property damages 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 cause(s) of action, including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff Derron Blackman, or by anyone on his behalf, arising out of the above-described incident. 3. For the same consideration, Plaintiff, Derron Blackman, 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 21, 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 Defendant, City of Fort Worth and any other person, corporation, association, partnership, or entity in privity with or Page 3 of 6 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 DERRON BLACKMAN 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. 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Derron Blackman and his attorneys, Williams & Cannon, PLLC, 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 or to his attorneys under this Agreement; and (2) Plaintiff and his attorneys are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and his attorneys 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, City denies liability for the above-described accident, if any, and intends, by this settlement, merely to buy its peace. Plaintiff Derron Blackman acknowledges that he and his attorneys, Williams & Cannon, PLLC, 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 be entitled to the proceeds of this settlement. 6. Plaintiff agrees to dismiss the cause(s) of action in the above-entitled and numbered matter, with prejudice, and hereby authorizes and directs his attorneys, Williams & Cannon, PLLC, to prepare and file the appropriate Motion and Order of Dismissal, with Page 4 of 6 prejudice, with respect to Derron Blackman’ claims and causes of action in the above- entitled and numbered case against the City. And, in this connection, Plaintiff Derron Blackman and his attorneys, Williams & Cannon, PLLC 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, Derron Blackman, 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 attorneys, Williams & Cannon, PLLC, and that it is fully understood. 10. Plaintiff assumes the risk of mistake of fact or law with regard to any aspect of this Settlement Agreement and to the dispute described herein, or any asserted rights released by this Agreement. 11. By his signature hereto, Derron Blackman, 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. 12. 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. 13. 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 Parry 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 parry's signature is affixed hereto as indicated by the dates set forth below. --- &j- - - - _ - - -- -- Derron Blackman (Nov 19, 202515:12:16 CST) DERRON BLACKMAN, Plaintiff Date: W NTb STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared DERRON BLACKMAN, 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 lk_ t day of �Wbw 2025. ,2s~,,.`•"�-. NICOLE LORRAiNE SHEARER AI& &Xf" My Notary ID # 131859531 Notary Public in and for the State of Texas '- %f.oF < *•' Expires January 17, 2027 Page 5 of 6 APPROVED: Attorney for Plaintiff Kyle D. Williams Williams & Cannon, PLLC 12222 Merit Drive, Suite 1200 Dallas, Texas 75251 214-295-2900214-265-7626 (fax)kyle@williamscannon.comCITY OF FORT WORTH: APPROVED: Assistant City Manager CITY OF FORT WOR1H APPROVED: Attorney for Defendant, City of Fort Worth Emily P. Hollenbeck Sr. Assistant City Attorney ATTEST: Jannette S. Goodall, City Secretary Date: 11/19/2025D 11/20/2025 ate: ________ _ D 11/21/2025 ate: ________ _ D 11/21/2025 ate: _______ _ Page6 of6 �i IpI IIIIIJIi4YI-,14111 L.I1Y1Ii,l.,ii, ill ui Idlil li,Yllil1111 l., Iluu IOIi „IIJ_.li illil 61 Ilii,lnll.ui 4, uiii„i i1i11i..Iln,l. n iil.i Gila iWi JwwJ ii.W iifWi 14e I lm.iu11W I,lilillln,J lliIlLiiliWi4L.liiiIi�I Jli Settlement Release Final Audit Report Created: 2025-11-18 By: Nicole Can' (nicole@jzwclaw.com) Status: Signed Transaction ID: CBJCHBCAABAAt7alCYEakQVYUle3gByuJjvAVxVSCCbj El Document created by Nicole Carr (nicole@jzwclaw.com) 2025-11-18 - 5:48:48 PM GMT 2025-11-19 Document emailed to Derron Blackman (dblackman97@gmail.com) for signature 2025-11-18 - 5:48:53 PM GMT Email viewed by Derron Blackman (dblackman97@gmail_com) 2025-11-19 - 8:52:56 PM GMT Document e-signed by Derron Blackman (dblackman97@gmaii.com) Signature Date: 2025-11-19 - 9:12:16 PM GMT - Time Source: server Q Agreement completed. 2025-11-19 - 9:12:16 PM GMT a Adobe Acrobat Sign City Secretary’s Office Contract Routing & Transmittal Slip *Indicates the information is required and if the information is not provided, the contract will be returned to the department. Contractor’s Name: Subject of the Agreement: M&C Approved by the Council? *Yes No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes No If so, provide the original contract number and the amendment number. Is the Contract “Permanent”? *Yes No If unsure, see back page for permanent contract listing. Is this entire contract Confidential?*Yes No If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date.If applicable. Is a 1295 Form required?* Yes No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number:If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes No Contracts need to be routed for CSO processing in the following order: (Approver) Jannette S. Goodall (Signer) Allison Tidwell (Form Filler)