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HomeMy WebLinkAbout064571 - Settlements - Contract - Carlos Roberto Cruz Guerrero64571 CSC No. CAUSE NO. 017-358939-24 CARLOS ROBERTO CRUZ GUERRERO Plaintiff, v. CITY OF FORT WORTH and FORT WORTH FIRE DEPARTMENT, Defendant. § § § § § § § § IN THE DISTRICT COURT 17TH JiTDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Carlos Roberto Cruz Guerrero, Plaintiff in the above-entitled and numbered cause ("Plaintiff"), alleges that on or about September 16, 2023, he received personal injuries in an automobile accident when ihe vehicle iu wliic�� �ie wa� �iaveling iii was s�iucx vy a �;iy oi ru�i Worth vehicle owned by the City of Fort Worth; WHEREAS, Plaintiff, Carlos Roberto Cruz Guerrero, further alleges that the negligence of the City of Fort Worth ("City" or "Defendant"), by way of its employee, proximately caused the above-described accident; WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff, Carlos Roberto Cruz Guerrero, suit was filed against the City in the above-entitled and numbered cause, reference being made to the pleadings on fiie in said cause for a more full and complete description of Plaintiff's claims and cause of action; WHEREAS, Plaintiff, Carlos Roberto Cruz Guerrero, has offered to compromise and settle all claims and causes of action of any kind other than property damage which he may have against the City, its agents, employees, workers and representatives, and all others connected with or in priviry with the City, arising out of or connected in any way with the above described accident in consideration of payment by the Ciry to Plaintiff, Carlos Roberto Cruz Guerrero, and his attorney, Law Offices of Thomas D. Jones, P.C., the sum of Forty-Seven Thousand and 00/100 Dollars ($47,000.00) 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 PlaintifPs alleged injuries; and WHEREAS, even though the City denies any liability of any kind on account of the alleged incident made the subject of Plaintiff, Carlos Roberto Cruz Guerrero'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. ��] �� [y /,1 �:� �[K�]:a �7 C«] ��'i�'i xy:� � ��1:�'1 FT. WORTH, TX II. TERMS NOW, THEREFORE, in consideration ofthe 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. Carlos Roberto Cruz Guerrero, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Forty-Seven Thousand and 00/100 Dollars and his attorney, Law Offices of Thomas D. Jones, P.C., the sum of the sum of Forty-Seven Thousand and 00/100 Dollars ($47,0OO.Ofl) 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 representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, employees, workers and representatives, and all athers 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 tvgether with all claims heretofore asserted in Cause No. 017-358939-24, in the 17th District Court, Tarrant County, Texas, including claims for physical pain and suffering (past and future), medical expenses (past and future), physical 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 be the subject of a claim by his 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 af Fort Worth, and all others connected with or in priviry 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 connection therewith, which may hereafter be brought by Plaintiff Carlos Roberto Cruz Guerrero, or by anyone on his behalf, arising out of the above described incident. 3. For the same cansideration, Plaintiff Carlos Roberto Cruz Guerrero declares and warrants that all medical, haspital, andlor 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 September 16, 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, Ciry 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. PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF CARLOS ROBERTO CRUZ GUERRERO HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY. IF PLAINTIFF IS NIISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME �THER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF WILL FULLY Compromise Settlement Agreement and Release of All Claims Page 2 of 5 Cause No. 017-358939-24; Carlos Roberto Curz Guerrero v. City of Fori Worth, et al SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE, MEDICAID OR OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY FOR REIMBURSEMENT AND WILL DEFEND, INDENINIFY AND HOLD HARMLESS THE CITY �F 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 CARLOS ROBERTO CRUZ GUERRERO 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 CARLOS ROBERTO CRUZ GUERRERO' ALLEGED INJURIES 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Carlos Roberto Cruz Guerrero, and his attorney 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 attorney under this Agreement; and (2) Plaintiff and his attorney are ultimately responsible for determining 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 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, Carlos Roberto Cruz Guerrero, 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 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. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 7. This Compramise Settlement Agreement and Release of All Claims may be executed in a number of identical counterparts, each of which shall be deemed an originat 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. Compromise Settlement Agreement and Release of All Claims Page 3 of 5 Cause No. 017-358939-24; Carlos Roberto Curz Guerrero v. City ofFort Worth, et al S. Plaintiff, Carlos Roberto Cntz Guerrero, 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 attorney and that it is fully understood. 9. By his signature hereto, Carlos Roberto Cruz Guerrero, 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. 10. 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. 11. 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 signature is affixed hereto as indicated by the dates set forth below. �Ow�.�'� �V+�n�;-C,e l_,r�y CARLOS ROBERTO CRUZ GUE , Plaintiff Date: i ,Z — i ') — 2 � � STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared CARLOS ROBERTO CRUZ GUERRERO, 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. -4� GIVEN i1NDER MY HAND AND SEAL OF OFFICE this �� day of (�•�+a.,�..-, 2025. '��'"� � • "'� ANTONIO 4. ALVAREZ � ��-'' �`Y'"�= Nota � u�lic in and for e'State � exas k: *= My No#ary ID # 1Q839220 ��'�,y` Expires May 25, 2029 •�,, rF .. . ��+: ., OF , Compromise Settlement Agreement and Release of All Claims Page 4 of 5 Cause No. 017-358939-24; Carlos Roberto Curz Guerrero v. Ciry of Fort Worth, et al APPROVED: � Attorney for Plai tiff Thomas D. Jon Law Offices of oznas D. Jones P.C. Date: � 2���—�. d 2,� CITY OF FORT WORTH: APPROVED: �-�J� �� Assistant City Manager CITY OF FORT WORTH 12/29/2025 Date: :";� /�� � .t > � � Atto e for De ant, City of Fort Worth St en . mbie Sr. Assistant City Attorney ATTEST: on 49FOR> °pa aoF�°� °� � a a'1'° �9dd P~o �a.10 PVo 0=0 ��,ns� I� � p°a*°°�o oo°�p / a�da nEXP5.o,4 r Jannette S. Goodall, City Secretary Date: l Z IZZ I 2S � � 12/29/2025 Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Compromise Settlement Agreement and Release of All Claims Page S of 5 Cause No. 017-358939-24; Carlos Roberlo Curz Guerrero v. City of Fort Worth, et al F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Carlos Roberto Cruz Guerrero Subject of the Agreement: Compromise Settlement Agreement and Release of All Claims Cause No. 017-358939-24; Carlos Roberto Cruz Guerrero v. City of Fort Worth and Fort Worth Fire Department 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: 12/29/25 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.