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HomeMy WebLinkAbout064545 - Settlements - Contract - Bobby Wayne Phillips and Deborah PhillipsCSC NO. 64545 CAUSE nr0. 352-354055-25 BOBBY WAYNE PHILLIPS; and DEBOR.AH PHILLIPS, Plaintiffs, v. CITY OF FORT �UVORTH; and LADELLE CINQUE CARTER, Defendants. § § § § § § § § § IN THE D�STRICT COURT 352n� JUDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLATMS I. RECITALS WHEREAS, Bobby Wayne Phillips, Plaintiff in the above-entitled and numbered cause ("Plaintiffl'}, alleges that on or abaut February 7, 2024, he recei�ed persona] injuries in an automobile accident when the vel�icle in which he was traveling in was struck by a City of Fort Worth vehicle owned by the City of Port Worth; VVHEREAS, Plaintiff, Bobby Wayne Phillips, further alleges that the negligence of the City of Fort Worth ("City" or "Defendant"}, by way �f its ernployee, proxima#eIy eaused the above-described accident; WHEREAS, as a result af such accident, injuries and darnages allegedly suffered by Plainti�'f, Bobby Wayne Phillips, suit was filed against the City in the above-entitled and numbered caus�, reference being made to the pleadings on file in said cause far a more full and complete description of Plaintiff's claims and cause of actioz�; WHEREA,S, P�aintiff, Bobby Wayne Phillips, has offered to eompromise and settle all claims and causes of aciion of any kind other than property damage which ke 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 consideratian of payment by the City to Plaintiif, Bobby Wayne Phillips, and his attorne�, Stoy Law Group, PLLC, the sum of Thirty-Four Thousand, Two Hundred Fifty and OQ/l OQ Dollars ($34,250.00) in full and final settlement of alI clairr�s against the City, its agent�, employees, work�rs or representatives, arising out of the accident described above and Plaintif�s alleged injuries; and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX WHEREAS, even though the City denies any Iiability of any kind on account af the alleged incident made the s�bject of Plaintiff Bobby Wayne Phillips' suit, the City has agreed ta the payment tezrr�s described above in corr�promise and settlement of the c�asputed claims and in order to avoid further time cansuming and costiy litigation. II. TERMS NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises and agreements made herein, and other �aluable consideratian, the receipt and suf�ciency of which is acknowledged, the City and Plaintiff agree tk�at: 1. Bobby Wayne Phillips, Plaintiff herein, far and in consideration of payrnent by the City of Fort Worth to Bobby Wayne Phillips and his attorney, Stoy Law Group, PLLC, the sum of the sum of Thiz-ty-Four Thousan.d, Two Hundred Fifly and OO/lOD Dollars {$34,250.00) in full azad final settlement of all claims against #he City, its agents, employees, workers or representatives, arising out of Plaintiff's alleged injuries, and the receipt and sufficiency of such consideratinn being hereby acknowledged and confessed by Plaintiff, does for hirnseif, his representatives, successors and assigns, unconditionally release, acquit and forever dzscharge the City of F4rt Worth, and its agents, employees, workers and represen�atives, and all others connected with or in privity wiih the City of Fort Worth, of and fr�m any and all elaims of every kind, character or nature which said Plaintiff might assert by reason of the above described incideni together wit�i all clairns heretofc�re asserted in Cause No. 352-3G4D55-25, in the �SZnd District Cour#, Tarrant Couniy, Texas, includin.g claizx�:s for p�Zysical pain and suffering {past and iuture), medical expenses (past and future), physicaI impairment {past and future}, and any other kind, character or nature of damage related to personal injury or breach of contract which could or might b� the subjec� of a claim by his arising from the incident hereinabove described. 2. In consideration ai the payment described above, 1'laintiff agrees �o indemnify and forever hold harmless and defend the City oi Fort Worth, and all agents, em�loyees, workers and representatives of the City oi Fort Worth, and all others coruieeted with or in privity with �he City of Fort Worth, its heirs, representatives, successors and assigns, from any and alI claims or causes of actio�, including any costs or expenses in corfzaection therewith, which may hereafter be brought by Plaintiff Bobby Wayne Phillips, or by anyone on his behalf, arising out of the above described incident. 3. For the sarrie consideration, Plaintiff Bobby Wayne Phillips declares and warz�ants that all medical, hospital, and/or other expenses of any and �very nature and character whatsoever in.curred by him, or an his behaif, or in any way pertaining to or arising out of the injury that allegedly occurred on ar about February 1, 2024, made the basis of �his litigation, have been or will be �aid or compromised lay PlaintifF, and Plaintiff herehy agr�es to defend, ir�demnify and hold harmless Def�ndant, City of Fort Worth and any other pErson, corporation, association, partnership, flr entity in privity with or connected witk them, as well as any person, corporation, association, partnership, or entity CompG•omise Seuiemen� Agreemeni and €�elease of All Claims -13obh� Phillips Pa�e ? of 6 Cause �o. 3�2-3640��-2�; Bohb}' �i`ayne Phrllips, et a� r. Ciry qfForl ]�i"ar11r PaliceDe�ur•tn�el�t, el al. they are or may be required to defend, indemnify, or hold harmles� from and against any clai�ns for medical, hospital, and/or other claims and expenses of any and every nature, including but not limited to, claizns which may hereafter be made under the authority of the Texas Hospital Lien Law or any olher state or federal statute, rule, ar regulation. PLAINTIFF REPRESENT� THAT NONE OF THE MEDICAL BILLS OF BOBBY WAYNE PHILLIPS HAVE BEEN PAID BY MEUICARE, MEDICAID OR BY ANY OTHER GOVERNME�iTAL OR QUASI-GOVE1tNMENTAL AGENCY. IF PLAINTIFF iS MISTAKEN IN THIS IZEGARD AND MEDYCARE, MEDICAID OR SOME OTHER GOVERNMENTAL OR QUAS�-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATS�EVER, PLAINTiFF WILL FULLY SATZSFY ANY CLAIM EVER ASSERTED BY MEDICARE, MEDICAID QR OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY FOR REIMBI]RSEMENT AND WILL DEFEND, INDEMN�FY AND HOLD HARllZLESS THE CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATIQN, ASSUCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WYTH �R CONNECTEI) WITH IT AGA�INST ANY SUCIH CLAIM. IT IS THE INTENTION OF THE PARTIES THAT SOBSY WAYNE PHILLIPS SHALL FULLY DEFEND, INI)EMNIFY AND HOLD HARMLES� THE CITY QF �"ORT WORTH AND ANY OTHER PERSON, CORPORA,TION, ASSOCIATIOiV, PARTNERSHIP, OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUBROGATION CLAIM EVER ASSERTED AGAINS THE CITY AS A RESULT OF BOSBY WAYNE PHILLIPS' ALLEGED IN,TURIES 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipY of the amounts described herein. Plaintiff, Bohby Wayne Phillips, and �is attorney acknowledge and agree that: {1} the City and its counsel have made no representatians ta Plainiiff ar his caunsel regarding the iax consequences of the payments made to him or to �is attorney under this Agreement; and (2) Plaintiff and his attorney are ultimately responsible for deterixiining 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 a.ny taxing autharity determines or claims are owed with respect tn 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 ar�y datnages alleged in the above-entitled and nurnbered cause. It is also understaod and agreed that this settlemenY is in compr�mise of disputed clairr�s and that the payr�ent made hereunder is not to be canstrued as admissian of liability on the part of the City of �ort Worth, and, in fact, City denies [iability for the abave-described accident, if any, and intends, �y this settlement, merely to buy its peace. Plaintiff, Bobhy Wayne PhiIlips, acknowledges that he and his attorney, Gregory A. Tole, are the only parties entitlEd to the proceeds of this settlement and agrees to defend and indemnify th� Compron�ise Setllesnent Agreement and Release of Ail Cfaims -[3obby Philli�,s Page 3 of 6 Cause No. 3�2-3G40��-2�; Bob6y R1'ayne Phi!]ips, ei �r! v. Cit}� of Fa7 ii or11r Police Dzpartment, et al. City of Fort Worth and al� persons or entities cor�r�.ected with the City of Fart 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 hy the party incurring same. 7. This Compromise Settlement Agreement and Release of AiI Claims may be executed in a number of identical counierparts, each of which shall be deemed an original foar all puzposes. T�e Parties agree that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, az�range�nents, or undertakings between the Parties relating �to the subject matter. Na oral Eanderstandings, statements, pramises, ar inducements contrary to the terms of this Agreement exist. This Agreement canno# be cY�an.ged orally, and any changes or amendments must be signed by all Parties affected by the change ox arnendrnent. $. Plaintiff, Bobby Wayn� Phillips, r�presents and acknowIedges that this Compxoznise 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 attoz-�ey anc� that it is fully understood. 9. By his signat�e hereto, Bobby Wayne Phillips, Plaintiff, represents and declares that he is more than eighteen (18) years of age a,z�.d is fully com:petent to enter znto this Compromise 5ettlement Agreerrtent 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 be�n made to him as inducement to enter into this Compromise Settiernen� Agreement and Release of All Claizns. 10. It is understaod and agreeri that this Agreement shall be governed by and canstrued and enforced in accordance with, and subjeet to, the laws of the 5tate of Texas, to the extent not preempted by federal law. 1 l. This Agreement is the product af a�tn's-length negatiations between the Parties, and no Party shali be de�med to be the drafter of any pra�ision or the entire Agreeznent. The wording in this Agreement was reviewed �nd accepted by all Parties after reasonable time to review with legal counsel, and no Party shail be entitled to have any wordin� of this Agreement construed against tkze other Party as the drafter of the Agreement in ihe event of any dispute in connection with this Agreement. This agreerzzent shouId be effective as af the date the last party signature is affixed hereto as indicated by the dates set forth below. Comprc�mise Settlernent Aereement and ]Zcicase of Al] Claims -13abby Phil[ips Yage �1 of G Cause �lo. 3�2-3G4{15�-25: Bobl�i� If'ayi7e Phillip.+•, et uI i�. ('i!}� nf I'orr ii ��r11z Police Depa+-�naent, er al. ��� -�c.] �� ,�� ��, �T.� BQBBY W�YNE PHILLIR�, Plaintiff Date: ����� `� d7 ���� STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personalIy appeared BOBBY WAYNE PHILLIPS, known to rne to be the person whose name is subscribed to the foregoing instz-�zment, and acknowledged to me that he executed the same as his free act and deed for purposes and consideratian therein expressed. � GIVEN LJNDER MY HAND AND SEAL OF this (� day of�°�,,(��� -� 2025. Ada E. 011�e � � My Commisslon Expirea = —� � � Nalary ID'133088710 Notary '�n and for the`State af Texas . �� • � APPRQVED; /s/ GreQory A. Cole ,r�ttorz�ey for Piaintiff Gregory A. Co1e 5toey Law Group, PLLC Date 12/16/2025 CITY 4F FORT WORTH: APPROVED: � � Assistant Ciiy Manager CITY OF FORT WORTH Date: December 23, 2025 Con�prninise Selt[ement Agreement and Release of All Claims -Bobb� Phillips Paee � of 6 Causc No. 3�2-3G�0��-25; Bobhy Ii �ryrre Plrillips, e! ul r. Cili- of I�or1 !i`nrtlz Pnlice Depar•1�rreial, e1 af. APPROVED; /s/ Harvey L. Frye Jr. Date: 12/17/25 Attorney for Defendant, City of Fort Worth Harvey L. Frye Jr. Sr. Assistant City Attorney ATTEST: �f FORT�°a ,y>oo oe< oo, ak-Odd >wo� 9d0 R � �r��_ ���.ao /, .i�-� °�� � ° �� °oo• ��e o � "d a p�n nEXp564o Da#e: O1/08/2026 3annette S. Goadall, City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Comprnniisc Se�clement Agreement and Release of A[I Claims -f3obb, Phillips Paee G of 6 Causc No. 3�2-3fi4055-2�; Bo6by Jf'a����e I'{rillips, c1 al ��. Cih �f For� tl'ot•th 1'oJice 13epa�•1�neiat, ei aL � F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name Bobby Wayne Phillips Subject of the Agreement: Compromise Settlement Agreement and Release of All Claims Cause No. 352-364055-25; Bobby Wayne Phillips and Deborah Phillips v. CFW and Ladelle Cinque Carter 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 "PermanenY'? *Yes 0 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: 12/23/25 Expiration Date: N/A 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. Proj ect Number: If applicable. N/A *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 processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.