Loading...
HomeMy WebLinkAbout064563 - Settlements - Contract - Tyler Caton et al.CSC No. 64563 CAUSE NO. 352-354665-24 TYLER CATON, INDIVIDUALLY AND AS NEXT FRIEND OF E.R.C., A MINOR; DESTINY JORDAN LEE SCARIM, INDIVIDUALLY AND AS NEXT FRIEND OF A.M.G. AND L.A.G., MINORS, Plaintiff v. CITY OF FORT WORTH Defendants § § § § § § § § § § § § § § IN THE DISTRICT COURT 352ND JUDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS L RECITALS WHEREAS, Tyler Caton, Individually and ANF of minor E.R.C; and Destiny Jordan Lee Scarim, Individually and ANF of minors A.M.G. and L.A.G., Plaintiffs in the above-entitled and numbered cause ("Plaintiffs"), alleges that on or about April 7, 2024, they received personal injuries resulting from a motor vehicle collision in Fort Worth, Tarrant County, Texas. WHEREAS, Plaintiffs Tyler Caton and Destiny Jordan Lee Scarim 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 dainages allegedly suffered by Plaintiffs Tyler Caton and Destiny Jordan Lee Scarim, suit was filed against the City in the above-entitled and numbered cause, , reference being inade to the pleadings on file in said cause for a more full and complete description of Plaintiffs' claims and cause(s) of action; WHEREAS, Plaintiffs Tyler Caton and Destiny Jordan Lee Scarim, in both their individual and representative capacities, have offered to compromise and settle all claims and causes of action of any lcind which they may have against the City, its agents, employees, workers and representatives, and all others connected with or in privity with OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the City, arising out of or connected in any way with the above described accident in consideration of payment by the City to Plaintiffs Tyler Caton and Destiny Jordan Lee Scarim, and his attorney, Witherite Law Group, PLLC, the sum of One Hundred Sixty Thousand Dollars ($160,000.00) 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 WHEREAS, even though the City denies any liability of any lcind on account of the alleged incident made the subject of Plaintiffs' 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 acicnowledged, the City and Plaintiffs Tyler Caton and Destiny Jordan Lee Scarim agree that: l. Tyler Caton and Destiny Jordan Lee Scarim, in both their individual and representative capacities, Plaintiffs herein, for and in consideration of payment by the City of Fort Worth to Tyler Caton and Destiny Jordan Lee Scarim and their attorney, Witherite Law Group, PLLC the sum of One Hundred Sixty Thousand Dollars ($160,000.00) 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 Plaintiffs, do for themselves, their 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 Plaintiffs might assert, either individually or as representatives of their minor children, by reason of the above described incident together with all claims heretofore asserted in Cause No. 352- 354665-24, in the 352"� District Court, Tarrant County, Texas, including claims for physical pain and suffering (past and future), mental anguish (past and future), physical disfigureinent (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 them arising from the incident hereinabove described. 2. In consideration of the payinent described above, Plaintiffs agree to indeinnify and forever hold harinless and defend the City of Fort Worth, and all agents, employees, workers and representatives of the City of Fort Worth, and all otheis 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 Compromise Settlement Agreement and Release of All Claims Cause No. 352-354665-24; Tyler• Cator�, et al v. City of Fort Wortla Page 2 of 7 connection therewith, which may hereafter be brought by Plaintiffs Tyler Caton and Destiny Jordan Lee Scarim, whether in their individual or representative capacities, or by anyone on their behalf, arising out of the above described incident. 3. For the same consideration, Plaintiffs, Tyler Caton and Destiny Jordan Lee Scarim, declare and warrant that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by them, or on their behalf, or in any way pertaining to or arising out of the injuries that allegedly occurred on or about Apri17, 2024, made the basis of this litigation, have been or will be paid or compromised by Plaintiffs, and Plaintiffs hereby agree 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. PLAINTIFFS REPRESENT THAT NONE OF THE MEDICAL BILLS OF TYLER CATON, DESTINY JORDAN LEE SCARIM, AND MINORS E.R.C, A.M.G., L.A.G. HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFFS ARE MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF5 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. IT IS THE INTENTION OF THE PARTIES THAT TYLER CATON, DESTINY JORDAN LEE SCARIM, SHALL FULLY 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 SUBROGATION CLAIM EVER ASSERTED AGAINS THE CITY AS A RESULT OF TYLER CATON, DESTINY JORDAN LEE SCARIM AND MINORS E.R.C, A.M.G., L.A.G. ALLEGED INJURIES 4. Taxes. The Parties will report, as inay be required by law, their respective payments and receipt of the ainounts described herein. Plaintiffs, Tyler Caton and Destiny Jordan Lee Scariin, and their attot•ney acicnowledge and agree that: (1) The City and its counsel have made no representations to Plaintiffs or their counsel regarding the tax consequences of the payments made to them or to their attorney under this Agreement; and Compromise Settlement Agreement and Release of All Claims Cause No. 352-354665-24; Tyle�� Cator�, et al v. Ci/y ofFort Worth Page 3 of 7 (2) Plaintiffs and their attorney are ultimately responsible for determining the taxability of any of the payments made to Plaintiffs and their 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, City denies liability for the above-described accident, if any, and intends, by this settlement, merely to buy its peace. 6. It is understood and agreed that all taxable court costs will be paid by the parly incurring same. 7. 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. 8. Plaintiffs represent and acknowledge 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 thein, by Plaintiffs' Counsel at Witherite Law Group, and that it is fully understood. 9. Plaintiffs assume the rislc of inistake 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. 10. By his signature hereto, Tyler Caton individually and ANF of minor E.R.C, Plaintiff, represents and declares that he is more than eighteen (18) years of age and is fully coinpetent to enter into this Compromise Settlement Agreement and Release of All Claims, that the representations, declarations and agreeinents 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. 1 l. By her signature hereto, Destiny Jordan Lee Scarim individually and ANF of minors A.M.G. and L.A.G., Plaintiff, represents and declares that she is inot•e than eighteen Compromise Settlement Agreement and Release of All Claims Cause No. 352-354665-24; Tylei• Cato�a, et ad v. City of Fort Wor•th Page 4 of 7 (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 her 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 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's signature is affixed hereto as indicated by the dates set forth below. "��._ � TYLER CATON, Plaintiff Date: %2-� 4 � ZS STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared TYLER CATON, known to me to be the person whose name is subscribed to the foregoing instrument, and acicnowledged to me that he executed the same as his free act and deed for purposes and consideration therein expressed. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this !�iay of�(�Q,y-,�,��,�, , 2025. �� � � � VICki Lynn MCDowNI � Public in and for the State of Texas , `,1�� • My C�Sl17/20Z8 xpin� � Notery ID 4a38850 Compromise Settlement Agreement and Release of All Claims Cause No. 352-354665-24; Tylef� Caton, et al >>. Cr.ry of For�t Wort1� Page 5 of 7 � � DESTIN J RDAN LEE SCARIM, Plaintiff Date: ��, 1 � � � � STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared DESTINY JORDAN LEE SCARIM, 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 LTNDER MY HAND AND SEAL OF OFFICE this �'�ay of a � � 2025. � Vicki Lynn McDowell �`-_ + My Co5N712029 xpins �/ Notary 1D 4838850 . � ry Public in and for the State of Texas **xSIGNATURES CONTINUED ON NEXT PAGE*** Compromise Settlement Agreement and Release of All Claims Cause No. 352-354665-24; Tyde�• Cator7, et al n. City of Fort Worth Page 6 of 7 APPROVED AS TO FORM ONLY: /s/Don� Hee "Tonv" Choi Attorney for Plaintiffs � Dong Hee "Tony" Choi Witherite Law Group, PLLC Attorney CITY OF FORT WORTH: APPROVED: :��.-�-.n � Assistant City Manager CITY OF FORT WORTH Date: 12/4/2025 iz/os/zozs Date: APPROVED: or e for D endants City of Fort Worth te en . Cumbie Sr. Assistant City Attorney Date � Z � IZS � � ATTEST: 4pa �ooRr°°aa Fo°° °o tt aA as � 0 0 d~8 0�o�.ld PVo 0=0 �`�� � °Pa*°°ao o°�� a°an nezn5aa Jannette S. Goodall, City Secretary Date: 12/9/2025 �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX Compromise Settlement Agreement and Release of All Claims Cause No. 352-354665-24; Tyle�• Cnto�7, et al v. City of Fort Wortla Page 7 of 7 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name Tyler Caton Subject of the Agreement: Compromise Settlement Agreement and Release of All Claims Cause No. 352-354665-24; Tyler Caton, Individually and ANF of E.R.C., a Minor; Destiny Jordan Lee Scarim, Individually and ANF ofA.M.G. and L.A.G., Minors 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: 12/4/25 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. *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. c�ty of Fo�t wo�tr, Legislation Details File #: M&C 25-0836 Version: 1 Name: 200 Texas Street Fort Worth, Texas Type: Award of Contract Consent Status: Passed File created: 9/8/2025 In control: CITY COUNCIL On agenda: 9/16/2025 Final action: 9/16/2025 Title: (ALL) Authorize Settlement and Payment in the Total Amount of $160,000.00 for Full and Final Settlement of All Claims Related to the Lawsuit Styled Tyler Caton et al v. City of Fort Worth, Texas, Cause No. 352-354665-24, in the 352nd District Court, Tarrant County, Texas, and Authorize City Personnel to Execute and File the Necessary Documents to Dispose of this Lawsuit Sponsors: Indexes: Code sections: Attachments Date 9/16/2025 1. M&C 25-0836 Ver. Action By 1 CITY COUNCIL Action Approved Result City of Fort Worth Page 1 of 1 Printed on 12/30/2025 poN i Legistar�`" City of Fort Worth, Mayor and Texas Council Communication DATE: 09/16/25 M&C FILE NUMBER: M&C 25-0836 LOG NAME: 12TYLER CATON ET AL LAWSUIT SETTLEMENT SUBJECT (ALL) Authorize Settlement and Payment in the Total Amount of $160,000.00 for Full and Final Settlement of All Claims Related to the Lawsuit Styled Tyler Caton et al v. City of Fort Worth, Texas, Cause No. 352-354665-24, in the 352nd District Court, Tarrant County, Texas, and Authorize City Personnel to Execute and File the Necessary Documents to Dispose of this Lawsuit RECOMMENDATION: It is recommended that the City Council: 1. Authorize settlement and payment in the total amount of $160,000.00 to Tyler Caton, Individually and as next friend of E.R.C., a minor, and Destiny Jordan Lee Scarim, Individually and as next friend of A.M.G. and L.A.G., minors, and to their attorneys, Tony Choi and The Witherite Law Group, for full and final settlement of all claims related to the lawsuit styled Tyler Caton et al v. City of Fort Worth,Texas, Cause No. 352- 354665-24, in the 352nd District Court, Tarrant County, Texas; and 2. Authorize the appropriate City personnel to execute all releases, agreements and court filings necessary to complete the settlement. DISCUSSION: Tyler Caton and Destiny Jordan Lee Scarim, Plaintiffs in the above-entitled and numbered cause, allege that on or about April 7, 2024, they and their three minor children received personal injuries resulting from a collision on Handley Ederville Road in Fort Worth, Tarrant County, Texas. Plaintiffs further allege that the negligence of the City of Fort Worth was the proximate cause of the accident. On July 18, 2024, a suit was filed against the City in the above-entitled and numbered cause, as a result of such accident and all injuries and damages allegedly suffered by Plaintiffs and their children. The parties mediated the matter on July 30, 2025. Under the circumstances, it is the best interest to the City to settle all issues related to Plaintiffs' claims for $160,000.00. Approval of this settlement should not be construed as an admission of liability by the City of Fort Worth, as any liability in this matter is denied. Funding is budgeted in the Lawsuit Payments/Settlements account within the Risk Financing Fund for the Human Resources Department. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as previously appropriated, in the Risk Financing Fund. Prior to an expenditure being incurred, the Human Resources Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: ALL ACMs 6122 Oriainatina Business Unit Head: Leann Guzman 8973 Additional Information Contact: Stephen Cumbie 6799