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HomeMy WebLinkAbout064546 - Settlements - Contract - Bobby Wayne Phillips and Deborah PhillipsCSC No. CAUSE NO. 352-364Q55-25 DEBORAH PHILLIPS; and DEBORAH PHILLIPS, Plaantiffs, v. CITY OF FORT WORTH; and LADELLE CINQUE CARTER, Defendants. § § § § § § § § § 64546 IN THE DISTRICT COURT 352°� JUDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROM�SE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Deborah Phillips, Plaintiff in the above-entitled and nurnbered cause ("Plaintiff"), alleges that on or about February 1, 2024, she received personal injuries in an auto�nobile accident when the vehicle in which she was traveling in was struck by a City of Fort Worth vehicle owned by the City af �'ort Worth; WHEREAS, Plaintiff, Deborah Phillips, further alleges that the negtigence �f the City of Fort Worth ("City" or "Defendant"), by way of its employee, proximately caused the above-descrihed acciden.t; WHEREAS, as a result of such accident, injuries and daznages allegec�.ly suffered by Plaintiff, Deborah Phillips, suit was f led against the City an the above-entitled and nutr�bered cause, re�erenee being made to the pleadings on fle in said cause for a more full and camplete description of Plaintif�s claims and ca�se of actian; WHEREAS, Piaintiff, Deborah Phillips, has offered ta cornpromise and settle all clai�ns and causes of actian af any kind other than property damage wnich she may have against �he 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 considez�ation af payment by the City to Plaintiff, Deborah Phillips, and her attarney, Stoy Law Group, PLLC, th.e surn of Forty-Four Thousand, Six Hundred and OOI1Q0 Dollars ($44,C00.00) in fu11 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 ��7��Cy1,1�:7X�%]:7�7 C«] � i'�'i Xy:� � ��1:�'1 FT. WORTH, TX WHEREAS, even though the City c�enies any liability of any kind on accaunt of the alleged incident made the subject of �'laintiff Deborah Phillips' suit, the Ci�y has agreed to the payment terms described aba�e in campromise and settlement of the disputed claims and in order ta avoid f�rth�r time consuming and costly litigation. II. TERMS NQW, THEREFORE, in consideration af the recitals set forth abave, the mutua� promise� and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Plaintiff agree that: 1. Debora� Phillips, Plaintiff herein, for and in consideration of payment by the City of Fart Vlrorth to Deborah I'hi�lips and her attorney, Stoy Law Group, PLLC, the sum af the sum of Forty-Four Thousand, Six Hundred and 00/100 Dollars ($44,600.00) in full at�d final settlEment of all claims against the City, it� agents, employees, warkers or representatives, arising aut of Plaintiffls alleged injuries, and the receipt and suf�ciency of such consideration being kzereby ac�aowledged and confessed by Plaantiff, does for himself, her representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, emp�oyees, workers and representatives, and al1 others connected with or in privity with the Ciiy of Fart Worth, of and from arry and all claims af every kind, character or n�.ture which said Plaintiff might assert by reason: of the above descxibed incident together with all claims heretofore asserted in Cau�e No. 352-364055-25, in #he 352�� District Court, Tarrarit County, Texas, including clairns for physical pain and suffering (past and future), medical expenses (past and future), physical impairm�nt (past and future), and any other kind, character or nature af darr�age related to personal injury or breach af contract �vhich enuld ar migh�t be the subject of a clairri by her arising from ihe incident heareinabove deseribed. 2. In consideration of tl�e payment described abave, Plaintiff agrees to indemnify and forever hold harmles� and defend the City of Fort Worth, and all agents, enrip�oyees, workers and representatives of the City af Fort Worth, and all athers connected with or in privity wiih the City of Fort Worth, its heirs, representatives, successors and assigns, from any and alt claims or causes of action, including any costs or expenses in connectian therewith, which rnay hereafter be brought by Plaintiff Deborah Phillips, or by anyone on her behalf, arising aut oFt�e above described incident. 3. For the same consideration, Plaintiff Deborah Phillips declares a�ad warrants tha� alI medical, hospital, and/ar other expenses of any and every nat�re and character whatsoever incurred by her, or on �ier behalf, or in any way pertaining to ar arising aut of the injury that allegedly occurred an or about F�bruary I, 2024, made the basis of this litigation, have been or wili be paid or campromised by Plaintiff, and Plaintiff hereby agrees to defend, inderz�ni�y az�d kzold harrnless Defendant, City of Fart Warth and any other persan, corporation, association, partnership, or entity in privity wzth or connected Compromise Settlement Aereement and Releuse ol�All Claims -Dcborah Phillips Yage 2 of 6 Cause �fo. 352-36405�-2�: L)ehw•uia l'hillip,s, et a! r. �it} of For•1 Ji ��rth Police Depat7menl, et al. with them, as well as any person, corporation, associatior�, partnership, or entity they are or rnay be requized to defend, indexnnify, or hold ha�r�aless frazn and against any claims far rnedical, hospital, and/or other claims and expenses of any and every nature, includ'zng 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, ru1e, or regulation. PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF DEBORAH PHYLLIPS HAVE BEEN PAID BY MEDICA.RE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMEI°1TAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER GDVERNMENTAL QR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATS�EVER, PLt�INTIFF W�LL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MED�CARE, MEDiCAID OR OTHER GOVERNMENTAL OR QUASI-GOi�ERNMENTAL AGENCY FOR REIMBURSEMENT AND WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT W�RTH AND ANY OTHER PERSQN, C�RPORATION, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLA�M. IT IS THE �NTENTION OF THE PART�ES THAT DEBQRAH PHILLIPS SHALL FULLY DEFEND, �NDEMNIFY 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 SUB�tQGATION CLAIM EVER ASSERTED AGAINS THE CITY AS A RESULT OF DEB�RAH PHILLIPS' ALLEGED �NJURIES 4. Taxes. The Parties will report, as may be required by Iaw, their respective payments and receipt of the amounts described h�rein. Plaintiff, Deborah Phillips, and her attoarraey acknowledge and agree that: (1) the Ci�y and its counsel have made na representations to Plaintifi� ox her counsel regardzng the tax consee�uences of the payments made to her or t� her attorney under this Agreement; and (2) P�aintiff and her attorney are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and her a�torney in this Agreement, and for paying taxes (federal, state, or otlaerwise), if any, which any taxing authority determines or claims are owed with respect to such payrr�ents. 5. The release of claims contained herein is given with fuil knowledge of all parttes to the referenced suit that there is a dispute on the part of tl�e Ciiy regarding whether or not rt is liable %r any damages alleged in the ahove-entitl�d and numbered cause. It is also understood and agreed that this settlement is in compramise of disputed claims and that the payment made hereunder is not ta be construed as admisszon of liability oz� tne paz-t 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, DeE�orah Phillips, acknowledges that she and her attorr�ey, Gregoty A. Toie, are the only parties CompromisL 5eitlement A�ree�nent and Release oFAil Ciaims -Deborah Phitlips Page 3 oi6 C'ause T�o. 352-3G-40��-2�; Deborah Phillips, et a1 v. [:iiy ofForl �4'nivl� Polrce Ueparnnent, e! aI. entitied to the praceeds of this settlement and agrees �o defend and indemnify the City of �'ort Warth and all persons ar entities connected with the City of Fort Worth against any persan or entity who claims to be entitled to the pxoceeds of �his settlerz�.ent. 6. It is understaod �nd agreed that al1 taxable court cosis �vill be paid by �he party �ncurrang same. 7. This Compromise Settlement Agreement and Release of All Claims may be executed in a number of ide�tical counterparts, each of which shall be deemed an original for all puxposes. The Parties agree that this Agreement contains the entire agreement betvveen the Parties and supersedes any and all prior agreements, arrangements, or undertakings between tile Parties relating to the subject matter. No oral understaridings, statezxxents, promises, or indueements contrary to the terms of this Agreement exist. This Agreezrzent canu�ot be changed arally, and any changes or amendments must be signed by aIl Parties affected by the change or amendment. 8. Plaintiff, Deborah Phil�ips, repr�aents and acknowledges that this Compxamise Settlem.ent Agreement az�d Release of All Claims has been read in its en�irety before signing and that it has been fully explained, in detail, to her by her attarney and that it is fully understood. 9, By her signature hereto, Deboxah Phillips, Plaintiff, represents and declares that she is more than eighteen (18} years af age and is :Fully conapetent ta enter into this Compromise 5ettlement Agreement and FZelease of All Claims, t�at the representations, declarations and agreements herein are accurate, binding, and are contractual in nature and that no representation or agr�ement not herein expressed has been made to her as inducement to enter into this Compramzse Settlement Agreement and Release of All Claims. 1 p. It is understood and agreed that this Agreement shall be governed by and const�ed and enforc�d in accordar�ce with, and subject to, the laws of the State of Texas, to the extent not preerz�pted by federal law. 1 I. This Agreement is the product of arm's-Iength negotiations between the Parties, and na Party shall b� deemed to be the drafter of any provision or th� entire Agxeez�ent. The wording in this Agreement was reviewed and accepted by all Parties after reasonable time to review with legal eounsel, and no Party shall be entitled to have any wording of this Agreerr�ent car�strued against the other Party as the drafter of the Agreement in the e�ent of any dispute in connect�on with �his Agreement. This agreement should be effective as of the date the last party signature is af�ixed hereto as indicated by the dates set forth below. Compromise Settlement ,4greement anc� Release of'All Claims -Debarah PhiElips Page 4 oT6 Cause No. 3�2-36405�-2�; Deborofa P11i!lips, e1 al v. City orFori J!"orth Pnlice Departnre��1, e! ul. �C.V"U �������G����W/ DEBORAH PHILLI�S, Plaintiff � Date: /'✓� ` /�'� ���'? `5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared DEBORAH PHILLIPS, 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 her free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF ��;:'� this I��dav o��1�,r� 2025. Ada E. Oliva � My Commisslon Explres � � � 5129/2029 ! Notary ubl' ' for the State of Texas Notary ID133o66710 .. APPROVED: '� /s/ Gregory A. Cole 1 Z/16/ZO25 Date: Attorney for Plaintiff Gregory A. Cole Stoey Law Group, PLLC CITY OF FORT WORTH: APPROVED: � � Date: December 23, 2025 Assistant City Manager CITY OF FORT WORTH Compromise Scttlement Agrccmcnt and Releasc of nll Claims -Deborah Phillips Page � of 6 Cause No. 3�2-36405�-25; Deha•a/� Phi((rps, e� u( v. City ofl�or� LI'a•�h Polrce Depar�nre�:l, e� ul. 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: nn 4fORT ��A .dOFo°� °o �Y dd p.� a � d `R/7��(}�,, �� P:o° �9.10 �j .An—CS��>iux�' Pv° °=d � P°*��� o���d paap aEXA5a4a Jannette S. Goodall, City Secretary O1/08/2026 Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Compromise Settlement Agrcement and Rcicase of All Claims -Ucborah Phillips Page 6 of 6 Cause No. 3�2-3640»-2�; Dehoruh Phi!/ips, e� u( v. City of Fa•1 1 Pa•�1� 1'olice Deparm�eitr, et ul. F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name Deborah 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.