Loading...
HomeMy WebLinkAbout065128 - Settlements - Contract - Rogelo Rodriguez LaresCSC No. 65128 CAUSE NO. 2024-007243-3 ROGELIO RODRIGUEZ LARES § IN THE COUNTY COURT Plaintiff; § V. § § AT LAW NO.3 HECTOR MONTOYA AND § CITY OF FORT WORTH § Defendants. § § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Rogelio Rodriguez Lares, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges that on or about April 7, 2023, he received personal injuries resulting from a motor vehicle collision on Jacksboro Hwy, Tarrant County, Texas. WHEREAS, Plaintiff Rogelio Rodriguez Lares 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 damages allegedly suffered by Plaintiff Rogelio Rodriguez Lares, suit was filed against the City in the above -entitled and numbered cause, reference being made to the pleadings on file in said cause for a more full and complete description of Plaintiff's claims and causes) of action; WHEREAS, Plaintiff Rogelio Rodriguez Lares has offered to compromise and settle all claims and causes of action of any kind which he 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 consideration of payment by the City to Plaintiff Rogelio Rodriguez Lares, and his attorney Magdalena Avila, R.E. Lopez & Morales Attorneys at Law, the sum of Forty Thousand and 00/100 Dollars ($40,000.00) 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; OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AGREED SETTLEMENT AGREEMENT AND RELEASED OF ALL CLAIMS -Rodriguez Lares Pagel of 6 WHEREAS, even though the City denies any liability of any kind on account of the alleged incident made the subject of Plaintiff's 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 acknowledged, the City and Plaintiff Rogelio Rodriguez Lares agree that: 1. Rogelio Rodriguez Lares, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Rogelio Rodriguez Lares and his attorney, Magdalena Avila, R.E. Lopez & Morales Attorneys at Law , the sum of Forty Thousand and 00/100 Dollars ($40,000.00) 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 heirs, 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 Plaintiff might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 2024-007243-3, in the County Court at Law No. 3, Tarrant County, Texas, including claims for physical pain and suffering (past and future), mental anguish (past and future), medical expenses (past and future), lost wages, property damages and any other kind, character or nature of damage which could or might be the subject of a claim by her 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 (lie City of Dort Worth, and all coziric:crted with or in privity with the City of Fort Worth, its heirs, representatives, successors and assigns, from any and all claims or cause(s) of action, including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff or by anyone on his behalf, arising out of the above -described incident. 3. For the same consideration, Plaintiff, Rogelio Rodriguez Lares, declares and warrants that all medical, hospital, and/or 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 April 7, 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, City of Fort Worth and any other person, corporation, association, partnership, or entity in privity with or AGREED SETTLEMENT AGREEMENT AND RELEASED OF ALL CLAIMS -Rodriguez Lares Page 2 of 6 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 ROGELIO RODRIGUEZ LARES HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI - GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF 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 CoJ.l7u P 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Rogelio Rodriguez Lares, and his attorney, Magdalena Avila, R.E. Lopez & Morales Attorneys at Law, 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 hiin 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 thwart of the City_regarding whetber 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 Rogelio Rodriguez Lares acknowledges that he and his attorney, Magdalena Avila, R.E. Lopez & Morales Attorneys at Law, 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. Plaintiff agrees to dismiss the cause(s) of action in the above -entitled and AGREED SETTLEMENT AGREEMENT AND RELEASED OF ALL CLAIMS -Rodriguez Lares Page 3 of 6 numbered matter, with prejudice, and hereby authorizes and directs his attorney, Magdalena Avila, R.E. Lopez & Morales Attorneys at Law, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff, Rogelio Rodriguez Lares's, claims and causes of action in the above -entitled and numbered case against the City. And, in this connection, Plaintiff Rogelio Rodriguez Lares and his attorney, Magdalena Avila, R.E. Lopez & Morales Attorneys at Law agree to expeditiously provide any information the Court may require, and/or to attend any hearings the Court may require, in connection with the dismissal of said lawsuit. 7. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 8. 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. 9. Plaintiff 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, Magdalena Avila, R.E. Lopez & Morales Attorneys at Law, and that it is fully understood. 10. Plaintiff assumes the risk of mistake 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. 11. By his signature hereto, Rogelio Rodriguez Lares, Plaintiff, represents and declares that-Iieis-more-than eighteen-(18) years of age and -is -wily -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. 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 AGREED SETTLEMENT AGREEMENT AND RELEASED OF ALL CLAIMS -Rodriguez Lares Page 4 of 6 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. —Ilmiml,, poe �POc1isRoofV;. UCS = aalrnrnnaaoc c� IZOG141,10 WDRIGUEZ LARES, Plaintiff Date: mar. 24, 2026 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ROGELIO RODRIGUEZ LARES 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. 2026. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (J)/ day of MOK Y tf�otary Publ- in rya l for the State of Texas .. aY P 0 iQ-F OF t��� AGREED SETTLEMENT AGREEMENT AND RELEASED OF ALL CLAIMS -Rodriguez Lares Page 5 of 6 APPROVED: Magdalena Avila R.E. Lopez & Morales Attorneys at Law, PLLC 400 E. Weatherford St. Suite 204 Fort Worth, Texas 76102 Phone: ( 469) 209-7727 Fax: (888) 601-4934 Direct: 469-294-4177 nzavila(i�northtxlaw, cone CITY OF FORT WORTH: APPROVED: cp�� Assistant City Manager CITY OF FORT WORTH APPROVED: Attorney for Defendant, City of Fort Worth Emily P. Hollenbeck Sr. Assistant City Attorney ATTEST: ati opt°o9=v pP5 °�° a Date: _March 24 2026 Date: M a r 27, 2026 Dare: 03/30/2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX '°ea °EXooa Date: 03/30/2026 Jannette S. Goodall, City Secretary AGREED SETTLEMENT AGREEMENT AND RELEASED OF ALL CLAIMS -Rodriguez Lares Page 6 of 6 0 docusign. Certificate Of Completion Envelope Id: 802B509D-3645-423E-9442-EC665D1BDB77 Status: Completed Subject: firma Source Envelope: Document Pages: 6 Signatures: 1 Envelope Originator: Certificate Pages: 3 Initials: 0 Nancy Pedraza AutoNav: Enabled 550 East 15th Street, Suite 200 Envelopeld Stamping: Enabled Plano, TX 75074 Time Zone: (UTC-06:00) Central Time (US & Canada) npizano@northtxlaw.com IP Address: 20.165.34.176 Record Tracking Status: Original Holder: Nancy Pedraza Location: DocuSlgn 3/23/2026 11:13:53 AM npizano@northtxlaw.com Signer Events Signature Timestamp Rodriguez Lares, Mr. Rogelio ri ill I"" �GyCl�oRo4fY�y Sent: 3/23/2026 11:14:39 AM Rogeliorodriguez95@lcioud.com uC; Viewed: 3/24/2026 7:53:47 PM Security Level: Email, Account Authentication l —''"i" "A" `Il ," Signed: 3/24/2026 8:07:37 PM (None) Signature Adoption: Drawn on Device Using IP Address: 2600:6c56:6c00:249: bd91 Afec:19af:89 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 3/24/2026 7:53:47 PM ID:476cb501-59c8-4a83-9ela-e8796d9a09bc In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/23/202.6 11:14:39 AM Certified Delivered Security Checked 3/24/2026 7:53:47 PM Signing Complete Security Checked 3/24/2026 8:07:37 PM Completed Security Checked 3/24/2026 8:07:37 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Parties agreed to: RodrigueZ I ares, Mr. Rogelio ELECTRONiC RECORD AND SICNATURE DISCLOSURE. From time to time, R.E. 1.OPEZ&MORALES (we, us or Company) may be required by law to provide to you cerlain written notices or disclosures. Described below are (lie terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' belbre clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a S0,00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving my notice or disclosurezw�rcfer to provide all of the rcquirad notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. if you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact R.E. L6PEZ&MORALES: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: yleal@northtxlaw.com To advise R.E. LOPEZ&MORALES of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at yleal@northtxlaw.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your ernail address If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from R.E. LOPEZ&NIORALI S To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to yleal@.northtxlaw, coin and in the body of such request you must state your email address, full name, mailing address, and telephone number. \vc will bill you for any fees at that time, if any. To withdraw ,your consent with R.E. LOPEMMORALES To inforn us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to ylcal@northtxlaw.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://suupimLLdo uusign.com guide,/signer-guide-signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check - box next to 'I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and _ _Disclosure to. a locationwhere you can print it, for future -reference and_access; and • Until or unless you notify R.E. LbPEZ&MORALES as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by R.E. LOPEZ&MORALES during the course of your relationship with R.E. LOPEZ&MORALES. 2026.03.25_ReleaseRogelioLares Final Audit Report 2026-03-30 Created: 2026-03-30 By: Jannet Alarcon Oannet.alarcon@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAC_2FweJgslEWKTCLOzg1tzLR2bNkXfWo "2026.03.25_ReleaseRogelioLares" History Ly Document created by Jannet AlarconOannet.alarcon@fortworthtexas.gov) 2026-03-30 - 1:52:15 PM GMT- IP address: 208.184.124.181 Document emailed to Jannette Goodall Qannette.goodall@fortworthtexas.gov) for signature 2026-03-30 - 1:53:11 PM GMT j Email viewed by Jannette Goodall Qannette.goodall@fortworthtexas.gov) 2026-03-30 - 1:58:34 PM GMT- IP address: 104.47.64.254 p Document e-signed by Jannette Goodall Oannette.goodall@fortworthtexas.gov) Signature Date: 2026-03-30 - 1:59:44 PM GMT - Time Source: server- IP address: 208.184.124.181 Document emailed to Emily Hollenbeck (emily.hollenbeck@fortworthtexas.gov) for signature 2026-03-30 - 1:59:46 PM GMT Email viewed by Emily Hollenbeck (emily.hollenbeck@fortworthtexas.gov) 2026-03-30 - 8:30:54 PM GMT- IP address: 104.47.65.254 bQ Document e-signed by Emily Hollenbeck (emily.hollenbeck@fortworthtexas.gov) Signature Date: 2026-03-30 - 8:31:27 PM GMT - Time Source: server- IP address: 208.184.124.181 ® Agreement completed. 2026-03-30 - 8:31:27 PM GMT FORT WORTH, Powered by Adobe Acrobat Sign Signature: 3� ; n� Email: allison.tidwell�@ff�otrttworthtexas.gov FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Rogelio Rodriguez Lares Subject of the Agreement: Cause No. 2024-007243-3, Rogelio Rodriguez Lares v. Hector Montoya and City of Fort Worth M&C Approved by the Council? * Yes 9 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 "Permanent"? *Yes 9 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: 03/24/2026 If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No W *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following 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.