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HomeMy WebLinkAbout064762 - Settlements - Contract - Marcus Fike$4$/P@@@@@@@@@@@@@@64762 II. TERMS NOW, Tk1CREF4RE, in considei•ation of the recitals set forth above, �1�e mutual �ro���ises and agreements made herein, and other valuabie consideration, the receip� anc� sufficiency of which is acki�o�vledbed, the City and Plainliff Marcus Fiice agree that: I. Marcus Fike, Plaintiff herei�l, for and in c�nsideration of payinent by tl�e City of F�rt Worth to Marcus Fike, and his attorney, Larey Rolle of Roi(e Eaton Law, ttie sum of Eight Thousand, Five Hundced Dollax�s and no/100 ($8,500.00) ir1 full and fnal settlemeiit of all cla�ms against the City, its agents, employees, �vorkers or representatives, arising out of Plaintift's alle�ed inj�lries, and the receipt and sufticiency of such cox�sideration being hereby acknowled�ed and confessed by Piaintiff, does for himself, his representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Porl Wa��th, and its a�ents, employees, workers and representatives, and alI others coni�ecCed with or in privity wit�t the City of Fort Worth, of and fi•oin any and all claims of every kind, charaeter or nature ��vhich said Plaintiff might assert by reason of the abave descrii�ed incident togetl�er with ail claims heretofore asserted ii� Cause No. Ob7-363387-25, in the 67tti Judicial Distriet Coua�t, Tarrant Count,y, Tesas, including ciaims %r pl�ysical pain and sufferic�g (past and future}, me�►tal suffering (past and future}, n�edicai expenses (past and future), physical impairment (past and future), lost wages, a►Zd any other kind, cl�aracter or nature of damage, which could or might be tlie subject of a clarrn by him arising from tfie incident I�erein�bove described. 2. In co�isideration of the payment described above, Plaintiff ageees to indemnify and forever hold har�nless and defend the City of Fork R'orth, and all agents, employees, workers and representatives ui'the City of Fort Worth, ai3tl all others connected with or in privity �vith the City of Fairt IWorth, its heirs, representatives, successors and assigns, frorn an}� and all claims or causes of action; including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff A�iarcus Fike, or by anyone on his beha�f, acising oul o#'the above desct•ibed incident. 3. For the same consideration, Plaintiff. Marcus Fike, declares and wairants that ail medicai, hospital, and/or othee expenses of any and every natui�e and character whatsoever incurred by him, or on his behalf, or in aily way pertain�ng to or arising out of the injury that aliegedly occurred on or about May 2, 2023, made the basis of this lit.igation, have been or wi[I be paid or compromised by Plaintiff; and Plaintiff hereby agcees to defend, indemnify and hald harmless Defendant, City of Fott �Vo��h and aray other person, cotporation, association, partnership, or entity in privit,y with or connected «�ith them, as weli as any person, corporation, association, partnership, or entity they are or may be required to defend, indemnify, or hold harmiess fi•om and against any claims for medical, hospital, and/or other ciaims and expenses of any and every nature, including but not limiled to, clairns �vhich may hereafter be made under the authoriLy of the Texas Hospital Lien Law or any otller state or federal statute, rule, or regulation. PLAINTIFF REPRESENTS THAT IF MEDICARE, M�DICAID OR SOME OTHER GOVERNMENTAL OR QUASt-GOVERNMENTAL AG�NCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF VVILL FULLY SATISF'Y ANY CLAIM EVER ASSERTEll BY MEDICARE, MEDICAID OR OTHER GOVERNMENTAL OR t,�UASI-GOVERNMENTAL AGENCY FOR REIMBURSEMENT AND� WiLL DEFEND, INDEMNIFY AND HOLll HAI2MLESS THE CITY OF FORT �UVORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH iT AGAINST ANY SUCH CLAIM. Camprornise Seklement Agreement and Relcasc Fike n CFW - Page 2 of 7 PLAINTIFF MARCUS FIKE ALSO REPRESENTS THAT H� WILL FULLY SATISFY ALL LEGAL BILLS iNCURRED BY HIM WITH ANY OTHER LAW FIRM OR AT3`ORNEY WH� MAY B� O�VED FEES RELATEll TO THIS MATTER. 4. Taxes. The Parties will report, as may be required by law, their ►•espective payments and receipt of the amounts described herein. Piaintiff, Marcus Fi[ce, and his attorney acknowiedge and agree that: (1) the City and its counsel have made no rep�•esentatians to Plaintiif or his counsel re�arding the tax consequences of the paymeirts made to him or to his aitoi�ney under this Agreement; and {2) Plaintiff and his at#orney are ultimately responsible for detelminin� the taxability of any of the payments made to Plaintiff� and i�is attoniey in this Agreement, and for paying taxes (federal, state, or otherwise), if any, which any taxiug 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 sui# that there is a dispute on the part of the City regarding whethei• or not it is liaUle for aay dai�ages alleged in tfie above-entitled and numbered cause. It is also understood and agreed that th�s settlement is in compromise of disputed claims and that the payrr►ent made hereurider is not to be construed as admission of liability on the part of the City of F'oirt Worth; and, in fact, the City denies liability for the above-described accident,. if any, and intends, by this settlement, merely to buy its peace. Plaintiff; Marcus Fike acknowledges that he attd his attorney, Larry Rolle, are the only parties entitled to the proceeds of this settlement and agrees to defend and indemnify the City of Fort V��ocrth and all persons oi• entities connected with the City of Fort Worth againsl at�y person oc• entity, including, but not limited to, any attorney or law firm ��vho claims to taave represented P(aintiff at any �i�ne with re�ard to the alleged dama�es made tile Uasis of this Iawsuit or that could have been made the basis ofthis lawsuit v��ho clairr�s to be entitled to the proceeds of ti�is settlement. 6. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and hereby authorizes and directs his attorney, Lairy Rolle, to prepare and file the appr�priate Motion and Order �f Dismissal, with prejudice, with respect to Plaiutiff, Maa•cus Fike's, claims and causes of action in the above entitled and numbered case against the Ciry. Ant{, in this connection, Plaintiff Marcus Fike and his attorney agree to expeditiously provide any information the Court may require, and/or to attend any t�earings the Court may require, in connection with the dismYssal of said lawsuit. 7. It is understood and agreed that all taxable court costs will be pa'rd by the party incun•ing same. 8. This Compromise Settlement A�rreement and Relense of All Cfaims may be executed in a iiumbei• of identicai counterparts, each of r��i�ich shall be deemed an c�riginal for all purp�ses. The Parties agree that tl�is Ag�•eement contains the entii•e agreement bet�veen the Parties and supersedes any and al] prior agreements, ai•rangeme�its, ar undertakings benveen the Parties relating to the subject �natter. No o��al understandings, slatements, promises, or inducements contrary iu the terms of this Agreement eYist. This Agreement cannot be changecl orall}7, and any chanbes or amendments must be signed by ai� Parties affected by the change or ametidmenl. 9. Piaintift: A�iarcus Fik�, represents and acknowledges tllat this Compromise Settlement Agreemeiit and Release of Al� Claims has beeti read in its entirety before si�ning and t��at it llas been fully explained, i�� detail, to 11im by I�is attoi7iey and that it is fully unclerstood. Compramise tieltlement :�greeusrut and Relense Fike v CFiY-1'qqe 3 of 7 10. By his signature hereio, Marcus Fike, Plaintiff, represents and declares that he is more than eighteen {18) years of a;e and is fiilly competent to enter into this Compromise Settlement A��eement and Release of A11 Claims, that the representations, declarations and a�reements herein are accurate, bindin�;, and are contractual in nature and that no represei�tadon or aareement not herein expressed l�as been made to him as inducement to enter i��to tliis Compromise Settlement Agreement and Release �f All Claims. 1].. It is underst�od and agreed that this Agreement shall be govei•ned by and c�nstruec� and enforced in accordance tivith, and subject to, the laws of the State of Texas, to the extent not preetnpted by federal law. 12. This Aoreement is the product of arm's-let�gth negoiiations beri�veen the Parties, ar�d no Party shall be deemed to be the drafter of a��y provisioa oc the entire Agreement. The wording in this Agreement was reviewed az�d accepted by all Parties after reasonable tirne to review with legal counsel, and no Parky shall be e�ititled to have any wordin� of thrs Agi•eeinent construed against the athzr Party as the drafter of the Agreement in the event of any dispute in connection with this Agreement. This a��•eemenl si�oi�ld be effective as of the date the last party sibnature is affxed hereto as indicated by the dates set forth belo���. _ ,- �1 T � � i �' .� - ��- , /��'%E�:.-�l�`:+�� ,-f.�`� / A'IARCUS �KF.; Plaintiff ��te: I.� �- �i(;�f � -� Compranise Settlemeul Agreemenl and Rclease Fike v CFW- Page �f of 7 STATC OF TEXAS § CUUNTY OF Dallas § § BEFORE ME, the u��dersigned authority, �n this day persona�ly appeared MARCUS FIKE, known to me to be tl�e person whose name is subscribed to the foregoing i�nstrument, and acicnowledgecl to me that he executed the same as his free act and deed for puiposes and corasideration thet•ein expr�;ssed. G1VEN UNDER N1Y HAND AND SEAL OF OFFTCE this ����` �an��;��� zo2�. � \`��11111 I 1 I I I l�l����' .�`�� PS H L � Y �''�� `,����`�'�'. '' PY PU9 ' ��' ����G � �'� p' !� • � = =p �'' — — ', z i CJ ' � w : �'j, -1-� � � _ = � �., "�T '��' o, =� n' � F O F �o; �i� �/� 1355aA3' � ��. /////`���� �� c i i ��3 �20�\,\�. day of , �� l,� 1,�. i� `'I f �4 ` � ----� a 4 �' . _ _ Notary Publie iiz and for tl�e State of J�i�S Cnmpriimise Scutemcnt Agrecment and Relcase Fike �� CFii'- Prtge S of 7 AI'PROVED AS TO SUBSTANC� AND F�RM: IS/ Larry Rolle Attorney for Plaintiff Larry Rolle State BarNo. 17212600 RoLLF EA'roN L,�w 2030 Main Street, 200 Da�las, Te�as 7�201 CITY OF FORT WORTIi: APPROVED: �-�J� �� Assistant City Manager CITY OF FORT Vl%ORTH APPROV�D AS TO FORM: ��J� - Attorney for De#'endant. Cit�� of Fort Worth Destiney-Ariel Hicks Assistant City Atton�ey ��000 FORT�a� a Foo�����o i,�, o O�; 0 �o o � ��o o= o 0 o � o � 0 ��� � *� ��o o � t, ��00000_ �o' ATTEST: Q,�,.M1i.. �t. A .:dhYt�mR3 Jannette S. Goodail, City Secretary Date: 1/2$/2026 Date: Feb 17� 2�26 1/30/2026 Daie: te: Feb 17, 2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Compromise 5ettlemcnt Agreemeul and Rcle�sc Fike v CFIf�- Page 6 oj7 CY�st�an CG�av2L Cris�lan Cheaez (Feb 17. 2026 14:37:48 CST) Kathei•ine Cenicola Camprou�ise Sctllemcnt Agrecmeat and Rcicasc Fike v CIZY- Page 7of i F�ORTWORTHd ----��. --' City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Markus Fike and Rolle Eaton Law Subject of the Agreement: Compromise Settlement Agreement and Release of Ail Claims M&C Approved by the Council? * Yes ❑ No ■� If so, the M&C must be c�ttached to the co��tract. Is this an Amendment to an Existing contract? Yes ❑ No �❑ If so, p�rovr.de the a�iginal contract numbe�� cmd the amendment nirmber. Is the Contract "Permanent"? '�Yes �■ No ❑ If unsure, see back page for�e��maneni contract listing. Is this entire contract Confidential? "Yes ❑ No � If only speci.fic info�•,ntrtion is Confidential, please list what information is Confidential and the page it is located. Effective Date: 01/30/2026 If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ❑ No 0 �If so, �lease errsuf•e it is c�ttached to the approvirrg Mc4cC oY crttcrehed to the eontract. ProjectNumber:Ifapplicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 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) �klndicates the ir�formation is requirec� and if the information is not provided, the co�tract will be retz�Yned to the departinent.