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HomeMy WebLinkAbout065127 - Settlements - Contract - Geneva Calhoun, Individually and as Next Friend of J.H., a MinorVinesign Document ID: E3AC6C9E-ECB8-4F49-9FF8-214BE91 DDBA1 CAUSE NO.048-356036-24 GENEVA CALHOUN, INDIVIDUALLY § AND AS NEXT FRIEND OF J.H., A § MINOR § Plaintiffs, § V. § CITY OF FORT WORTH § Defendant. § CSC No. 65127 IN THE DISTRICT COURT 48TH JUDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Geneva Calhoun, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges that on or about August 18, 2023, she received personal injuries resulting from a motor vehicle collision in Fort Worth, Tarrant County, Texas. WHEREAS, Plaintiff Geneva Calhoun 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 Geneva Calhoun, 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 cause(s) of action; WHEREAS, Plaintiff Geneva Calhoun has offered to compromise and settle all claims and causes of action of any kind which she 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 Geneva Calhoun, and her attorney Brennan Clay, Witherite Law Group, the sum of One Hundred Thirty Thousand and 00/100 Dollars ($130,000.00) 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 kind on account of the alleged incident made the subject of Plaintiff's lawsuit, the City has agreed to the OFFICIAL RECORD CITY SECRETARY Page 1 of 6 FT. WORTH, TX The signed document can be validated at https:Happ.vinesign.comNerify 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 Geneva Calhoun agree that: 1. Geneva Calhoun, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Geneva Calhoun and her attorney, Brennan Clay, Witherite Law Group, the sum of One Hundred Thirty Thousand and 00/100 Dollars ($130,000.00) 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 herself, her 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. 048-356036-24, in the 48th Judicial District Court, Tarrant County, Texas, including claims for physical pain and suffering (past and future), mental anguish (past and future), physical disfigurement (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 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 the City of Fort Worth, and all others connected 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 her behalf, arising out of the above -described incident. 3. For the same consideration, Plaintiff, Geneva Calhoun, declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by her, or on her behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about August 18, 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 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 Page 2 of 6 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 GENEVA CALHOUN 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 CLAIM. 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Geneva Calhoun, and her attorney, Brennan Clay, Witherite Law Group, acknowledge and agree that: (1) the City and its counsel have made no representations to Plaintiff or her counsel regarding the tax consequences of the payments made to her or to her attorney under this Agreement; and (2) Plaintiff and her attorney are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and her 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. Plaintiff agrees to dismiss the cause(s) of action in the above -entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Brennan Clay, Witherite Law Group, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff, Geneva Calhoun's, claims and causes of action in the above -entitled and numbered case against the City. And, in this connection, Plaintiff Geneva Calhoun and her attorney, Brennan Clay, Witherite Law Group 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. Page 3 of 6 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 her by her attorney, Brennan Clay, Witherite Law Group, 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 her signature hereto, Geneva Calhoun, Plaintiff, represents and declares that she 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 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. 4K-'11 GENEVA CALHOUN, Plaintiff Page 4 of 6 Date: 09/11/2025 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared GENEVA CALHOUN 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 OFFICE this 09/11 day of , 2025. Notary Public in and for the State of Texas CONNOR MCWILLIAMS ( Yh� mO 5943 My Commiflon Esplre s July 16, 2024 Page 5 of 6 APPROVED: Brennan Clay Witherite Law Group, PLLC 10440 N Central Expy, Suite 400 Dallas, TX 75231 (214) 378-6665 (214) 378-6670 (fax) brennan.clay@,,witheritelaw.com CITY OF FORT WORTH: APPROVED: V4, "4—X/t, Valerie Washington (Sep 18, 2025 09:45:30 CDT) Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Attorney fo D fendant, City of Fort Worth Emily P. Hold nbeck Sr. Assistant City Attorney 4pg44pnb ATTEST: 4 FORT �n O�.+Idp PVC a=d �aRRaa44 Jannette S. Goodall, City Secretary Date: Date: 09/18/2025 Date:. 9—/ 11 / z — Date: 9/18/2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 6 of 6 Settlement Agreement and Release of All Claims -Geneva Calhoun (signed) Final Audit Report 2025-09-18 Created: 2025-09-18 By: Jannet Alarcon Qannet.alarcon@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAC1-yUgHg2huyxikc9ntbwRgc7PVMPZrI "Settlement Agreement and Release of All Claims -Geneva Calh oun (signed)" History Document created by Jannet Alarcon(jannet.alarcon@fortworthtexas.gov) 2025-09-18 - 2:29:20 PM GMT- IP address: 208.184.124.181 C'4 Document emailed to Valerie Washington (Valerie.Washington@fortworthtexas.gov) for signature 2025-09-18 - 2:30:54 PM GMT Email viewed by Valerie Washington (Valerie.Washington@fortworthtexas.gov) 2025-09-18 - 2:45:06 PM GMT- IP address: 104.47.65.254 6© Document e-signed by Valerie Washington (Valerie.Washington@fortworthtexas.gov) Signature Date: 2025-09-18 - 2:45:30 PM GMT - Time Source: server- IP address: 204.10.90.100 C'y Document emailed to Jannette Goodall Oannette.goodall@fortworthtexas.gov) for signature 2025-09-18 - 2:45:32 PM GMT !D Email viewed by Jannette Goodall Oannette.goodall@fortworthtexas.gov) 2025-09-18 - 4:23:25 PM GMT- IP address: 104.47.64.254 b® Document e-signed by Jannette Goodall Qannette.goodall@fortworthtexas.gov) Signature Date: 2025-09-18 - 4:23:51 PM GMT - Time Source: server- IP address: 208.184.124.181 0 Agreement completed. 2025-09-18 - 4:23:51 PM GMT FORT WORTH Powered by Adobe Acrobat Sign r 048-356036-24 FILED TARRANT COUNTY 4/15/2026 1:32 PM CAUSE NO. 048-356036-24 THOMAS A. WILDER DISTRICT CLERK GENEVA CALHOUN; INDIVIDUALLY § IN THE DISTRICT COURT AND AS NEXT FRIEND OF J.H., A § MINOR, § Plaintiff, § 48TH JUDICIAL DISTRICT V. §. r•a CITY OF FORT WORTH, § TARRANT COUNTY, TEX °- Defendant. § FINAL JUDGMENT s On this day, came to be heard the above -referenced cause and came Plaintiff Geneva Calhoun, Individually and ANF of J.H., a minor, and came Patricia Salcido Montes, duly appointed by the Court as Guardian Ad Litem for the minor Plaintiff herein, and came the Defendant City of Fort Worth, all represented by their respective attorneys of record. The parties announced to the Court that a Compromise Settlement and Release had been reached between Plaintiff Geneva Calhoun, Individually and ANF of J.H., a minor ("Minor Plaintiff'), and Defendant City of Fort Worth, and the Court, having considered such Settlement Agreement and Release, having heard the testimony of the court appointed Guardian Ad Litem as to the best interest of the parties to settle this matter and that settlement is reached without an adverse interest of Plaintiff Geneva Calhoun, Individually and ANF of J.H., a minor, and hearing argument of counsel, is of the opinion and finds the following: That Plaintiff Geneva Calhoun, Individually and ANF of J.H., a minor, and Defendant City of Fort Worth have satisfactorily compromised and settled all the issues involved herein, Final Judgment Cause No. 048-356036-24; Geneva Calhoun, et al. v. City of Fort Worth Page I of 4 r which Compromise Settlement and Release has been reduced to writing, and signed by the respective parties thereto and their attorneys, and that the original thereof filed with the Court and introduced into evidence and is made part of this judgment by reference as if fully set forth herein. The Court is of the opinion and finds that the Compromise Settlement and Release is fair and equitable and is in the best interest of the Minor Plaintiff and further approves the action and conduct of Geneva Calhoun in filing this suit as Next Friend for the Minor Plaintiff and further approves the action and conduct of Geneva Calhoun compromising this suit as Next Friend for the Minor Plaintiff. It is therefore ORDERED that the Compromise Settlement and Release is hereby in all manners approved. It is further ORDERED that the Minor Plaintiff shall have and recover from the Defendant the payment set forth in the Compromise Settlement and Release, having a present value of the sum of Five Thousand Dollars and 00/100 ($5000.00) to be delivered by Defendant to Plaintiff's attorney to be distributed as follows: • Defendant City of Fort Worth shall pay to the order of Geneva Calhoun, Individually and ANF of J.H., a minor, and Whiterite Law Group the sum of Five Thousand Dollars and 00/100 ($5000.00). Plaintiff's attorney, legal associate with the Whiterite Law Group, shall issue net payments from his account for the following: • The sum of Three Thousand Thirty-four and 77/100 Dollars ($3,034.77) shall be deposited into the registry of the Court on behalf of minor J.H. (last 3 digits of his social security #: 114). Final Judgment Cause No. 048-356036-24; Geneva Calhoun, et al. v. City of Fort Worth Page 2 of 4 10 r It • Attorney's Fees of $1,666.67; and • Expenses of $298.56; • Outstanding Medical bills to be paid of $0.00. It is further ORDERED that delivery of the settlement funds by Defendant to Plaintiff's attorney, as described above, shall operate as a full Release and Satisfaction of this Judgment in favor of Defendant, City of Fort Worth. It is ORDERED that the sum awarded to minor plaintiff J.H. be paid into the registry of the Court for the use and benefit of the minor, respectively, and is to be invested by the Clerk at a competitive rate of interest in savings accounts, certificates of deposit or interest - bearing time deposits at institutions authorized by Section 142.004, Texas Property Code. Said funds are to remain on deposit with the Clerk until the child reaches the age of eighteen (18), said date being as follows: 01 /04/2033 for J.H. , said funds are to be released immediately upon attainment of age and all parties agree to waive the thirty (30) day holding period. When the funds are withdrawn, the District Clerk shall give the Defendant a receipt reflecting the withdrawal of those funds. It is further ORDERED that the Court finds this Judgment discharges the Guardian Ad Litem, Patricia Salcido Montes, upon the signing of the Judgment. It is further ORDERED that any remaining medical bills, liens, subrogation interests, attorney's fees and/or any unpaid encumbrance(s) not reflected above but which are related to the incident made the basis of this lawsuit will be paid by Plaintiff. Final Judgment Cause No. 048-356036-24; Geneva Calhoun, et al. v. City of Fort Worth Page 3 of 4 It is further ORDERED that all other medical care providers or health insurance companies that allege or assert a subrogation interest in this action have waived such interest by failing to file a Petition in Intervention in a timely manner. It is further ORDERED, ADJUDGED AND DECREED that the Court finds this Judgment disposes of all claims and causes of action of Plaintiff Geneva Calhoun, Individually and ANF of J.H., a minor, against Defendant City of Fort Worth and it is ORDERED that this is a final judgment as to all claims and causes of action and is appealable. All relief not specifically granted or denied herein is hereby denied. SIGNED this day of _2026. JUDGE PRESI G Final Judgment Cause No. 048-356036-24; Geneva Calhoun, et al. v. City of Fort Worth Page 4 of 4 Vinesign Document 1D: 3DDA761 B-30E5-4FCC-9FC5-6767571 F97E1 CAUSE NO.048-356036-24 GENEVA CALHOUN, INDIVIDUALLY AND AS NEXT FRIEND OF J.H., A MINOR Plaintiffs, V. CITY OF FORT WORTH Defendant, IN THE DISTRICT COURT 48 rH JUDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS For and in consideration of the mutual promises and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Geneva Calhoun, Individually and As Next Friend of J.H., a minor (Plaintiff), who is represented by attorney Brennan Clay, of the Witherite Law Group, agree that: 1. Plaintiff agrees to release, settle, compromise and discharge the City as set out herein; the City agrees to pay to or on behalf of Minor Plaintiff, J.H., the sum of Five Thousand Dollars ($5,000.00). Payment of $5,000.00 will be apportioned as ordered by the Court at a prove -up hearing to be held at the Court's earliest convenience, and will be in full and final settlement of all claims against the City its agents, employees, workers or representatives, arising out of Plaintiffs injuries that allegedly resulted from a certain accident which occurred on August 18, 2023. 2. In consideration of the terms and provisions of this settlement agreement and release, as herein stated, Plaintiff agrees and does hereby release, acquit and forever discharge the City of Fort Worth, and its employees, attorneys, and council members, in their official and individual capacities, including their successors and assigns, from any and all claims, demands, suits, debts, promises, damages, judgments, executions, guaranties or warranties whatsoever in law or in equity, actions and causes of action of whatever kind and character whether in contract or in tort, known or unknown, presently existing or which might ever accrue to Minor Plaintiff, J.H. arising out of or having to do with the claims, causes of action or allegations described in Plaintiffs claims as well as from any other claims, demands, suits, debts, promises, damages, judgments, executions, guaranties or warranties whatsoever which might arise as a result of any actions or conduct of the City of Foil Worth. 3. For the same consideration as herein set out, Geneva Calhoun, As Next Friend of J.H., a minor, in tier representative capacity does, for the minor Plaintiff, his heirs, executors, administrators, successors and assigns, hereby release, acquit and forever discharge the City of Fort Worth, and its employees, attorneys, and council members, In their official and individual capacities, including their successors and assigns, from any and all claims, demands, attorney's fees, penalties, actions and causes of Page 1 of 5 The signed document can be validated at https:Happ.vinesign.com/Verify action of whatever kind and character, whether in contract or in tort, known or unknown, presently existing or which may accrue in the future, arising a certain accident which occurred on August 18, 2023, 4. This Release'is intended to extinguish any and all debts, obligations or causes of action existing between Minor Plaintiff J.H. and the City concerning a certain accident which occurred on August 18, 2023. 5. It is the intention of Plaintiff and the City that this release shall be effective as a full and final accord and satisfaction and as a bar to all actions, causes of action, costs, expenses, attorney's fees, damages, claims, and liabilities whatsoever, whether or not known, suspected, claimed or concealed. Plaintiff expressly waives and relinquishes any and all rights and benefits which Plaintiff may have under Texas and Federal statute or common law principal, to the fullest extent that Plaintiff may lawfully waive such rights or benefits pertaining to the release of claims against the City. In connection with such waiver and relinquishment, Plaintiff acknowledges that she is aware that she may hereafter discover claims, liens, or facts in addition to or different from those which she now knows or believes to exist with respect to the subject matter of this release, but it is her intention to fully, finally and forever settle and release all of the disputes and differences known or unknown, suspected or unsuspected which do now exist, which may exist in the future, or have existed between Plaintiff and the City arising out of or in connection with the released claims. 6. Geneva Calhoun warrants and represents that she is the natural parent, guardian and next friend of the Minor Plaintiff, J.H., and no other party or entity owns or holds any claim or cause of action by, for or through the minor Plaintiff regarding the circumstances arising from the matters contained in this Release and Settlement Agreement. Geneva Calhoun represents and testifies that this settlement and agreement is in the best interest of the Minor Plaintiff, J.H. 7. Geneva Calhoun , in her representative capacity, does for the minor Plaintiff, and his successors, heirs, executors, administrators, representatives, insurers, agents, and assigns, covenant and agree that she will not institute any suit or action, or prosecute or in any manner voluntarily aid in the institution or prosecution of any claim, demand, suit, action or cause of action, State or Federal, against the City of Fort Worth, and its employees, attorneys, and council members, in their official and individual capacities, Including their successors and assigns, with respect to any matter, cause or thing whatsoever arising out of, based in whole or in part upon, relating to, or existing, by reason of the transaction, events, occurrences, acts, omissions or failures to act, of whatever kind or character whatsoever, alleged or which could have been alleged, in this litigation with regards to J.H. 8. The purpose of this Agreement is to accomplish the compromise and settlement of disputed and contested claims, and nothing in this agreement shall be construed as an admission by any party to this agreement of any liability of any kind to any other party to this agreement. The City denies the allegations set out in the claim and further denies the City is liable to Plaintiff in any respect whatsoever, 9. Geneva Calhoun, As Next Friend of J.H., a minor, declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by Plaintiff, or on Plaintiffs behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on August 18, 2023, made the basis of this claim, have been or will be paid or compromised by Plaintiff, and hereby agrees to 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 there, 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 Page 2 of 5 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 J.H. 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 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. PLAINTIFF ALSO REPRESENTS THAT SHE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY PLAINTIFF WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTE, R. 10. This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the State of Texas applied to contracts made in Texas to be wholly performed in Texas by Texas domiciliaries. 11. This Agreement shall constitute the complete expressions of the terms of the settlement. All prior and contemporaneous agreements, representations, and negotiations are superseded. 12. If any provision of this Agreement is illegal or unenforceable, then that provision shall be deemed stricken and all remaining provisions shall remain in force and effect. 13. 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. 14. Geneva Calhoun, As Next Friend of J.H., a minor, 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 her by Plaintiffs attorney and that it is fully understood. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 5 GENEVA CALHOUN, As Next Friend of J.H., A Minor, Plaintiff Date: 04/14/2026 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared GENE, VA CALHOUN 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 OFFICE this Ly of 2026. + ' My C Lynn McDowellpull My Co66�1712020 xp��H Notsfy 10 4630860 NdL4 Public in an for the State of Texas Page 4 of 5 APPROVED: /s/ Brennan Clay Brennan Clay Witherite Law Group, PLLC 10440 N Central Expy, Suite 400 Dallas, TX 75231 (214) 378-6665 (214) 378-6670 (fax) brennan.clay@witheritel aw.com CITY OF FORT WORTH: APPROVED: 1/a& W�2a Valerie Washington (Apr 16, 2026 11:57:30 CDT) Assistant City Manager CITY OF FORT WORTH i wk'J� �� Attorney for efe dant, City of Fort Worth Emily P. Holl nb cic Sr. Assistant City Attorney ATTEST: IlIlq p 0 4PORT 9d °a eta �o (� '3 aaan nEopQQgo 7annette S. Goodall, City Secretary Date: 0411512026 Date: 04/16/2026 Date. (4/I�o )Zln Date: 04/16/2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 5 of 5 20260415 CALHOUN GENEVA RELEASE(Signed) AS TO MINOR J.H.(1) Final Audit Report 2026-04-16 Created: 2026-04-16 By: Jannet Alarcon Oannet.alarcon@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAtya6E414VolCuOfNpJCFZxlDiu7R4p2m "20260415 CALHOUN GENEVA RELEASE(Signed) AS TO MIN OR J.H.(1)" History Document created by Jannet Alarcon Oannet.alarcon@fortworthtexas.gov) 2026-04-16 - 4:15:05 PM GMT- IP address: 208.184.124.181 11 Document emailed to Valerie Washington (Valerie.Washington@fortworthtexas.gov) for signature 2026-04-16 - 4:15:58 PM GMT "3 Email viewed by Valerie Washington (Vale rie.Washi ngton@fortworthtexas.gov) 2026-04-16 - 4:21:14 PM GMT- IP address: 104.47.65.254 6� Document e-signed by Valerie Washington (Valerie.Washington@fortworthtexas.gov) Signature Date: 2026-04-16 - 4:57:30 PM GMT - Time Source: server- IP address: 35.150.8.18 E7. Document emailed to Jannette Goodall Oannette.goodall@fortworthtexas.gov) for signature 2026-04-16 - 4:57:31 PM GMT r; Email viewed by Jannette Goodall Oannette.goodall@fortworthtexas.gov) 2026-04-16 - 5:00:16 PM GMT- IP address: 104.47.64.254 6Q Document e-signed by Jannette Goodall Qannette.goodall@fortworthtexas.gov) Signature Date: 2026-04-16 - 5:00:37 PM GMT - Time Source: server- IP address: 208.184.124.181 Agreement completed. 2026-04-16 - 5:00:37 PM GMT FORT WORTH, I Powered by Adobe Acrobat Sign Signature:5 Email: allison.tidwell@fortworthtexas.gov FORTWORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Geneva Calhoun, as next friend of J.H., a minor Subject of the Agreement: Geneva Calhoun, individually and as next friend of J.H., a minor v. City of Fort Worth M&C Approved by the Council? * Yes M 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 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 04/16/2026 If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 0 *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. 4/30/26, 11:14 AM City of Fort Worth - File #: M&C 25-0770 Home Legislation Calendar City Council Departments R1 ,Alerts Details Reports Details File #: M&C 25-0770 Version: 1 Name: File #: MC 250770 Version: 1 Type: General Consent Status: Pas, Type: General Consent File created: 8/20/2025 In control: CIT Title: (ALL) Approve Proposed Fiscal Year 2026 Annual Audit Plan as Re On agenda: 8/26/2025 Final action: 8121 Committee. Title: (ALL) Approve Proposed Fiscal Year 2026 Annual Audit Plan as Recorr Mover: Seconder: Attachments: 1. M&C 25-0770 Result: History (1) Text Agenda note: 1 record Group Export Minutes note: Date ._ Ver. Action By Action Action: Approved 8/26/2025 1 CITY COUNCIL Approved Action text: Approved. Consent Votes (0:0) 0 records Person Name No records to display. https://fortworthgov.legistar.com/LegislationDetaii.aspx?ID=7521284&GUID=64DFEED2-3291-401 B-AB76-672C343F37F1 1/1 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/26/25 M&C FILE NUMBER: M&C 25-0771 LOG NAME: 12SETTLEMENT GENEVA CALHOUN AND J.H., MINOR SUBJECT (ALL) Authorize Settlement and Payment in the Amount of $135,000.00 for Full and Final Settlement of All Claims Related to the Lawsuit Entitled Geneva Calhoun, Individually and as Next Friend of J.H., a Minor v. City of Fort Worth, Cause No. 048-356036-24 in the 481h Judicial District, Tarrant County, Texas; Adopt Appropriation Ordinance 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 $135,000.00 to Geneva Calhoun for full and final settlement of all claims related to the lawsuit entitled Geneva Calhoun, Individually and As Next Friend of J.H., a Minor v. City of Fort Worth, Cause No. 048-356036-24 in the 48th Judicial District, Tarrant County, Texas; 2. Adopt the attached appropriation ordinance increasing estimate receipts and appropriations in the Risk Financing Fund in the amount of $135,000.00, from available net position, for the purpose of funding lawsuit expenses; and 3. Authorize the appropriate City personnel to execute all releases, agreements and court filings necessary to complete the settlement. L1�Y�i���YC•li� On August 18, 2023, a City of Fort Worth employee failed to stop at a stop sign and collided with the rear passenger's side of a vehicle driven by Geneva Calhoun. Ms. Calhoun's son, J.H., was a passenger in her vehicle. The accident occurred at the intersection of 3600 East Airport Freeway (State Highway 121) and 430 Karnes Street within the city limits of Fort Worth, Tarrant County, Texas. Ms. Calhoun filed suit on behalf of herself and J.H. alleging that the City's negligence proximately caused her and her child to suffer injuries and damages. The parties mediated the matter on the loth day of July 2025. The parties have agreed to settle all issues related to Geneva Calhoun and J.H., minor's claims for $135,000.00. 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 available for appropriation from the net position of the Risk Financing Fund. The beginning net position balance is $39,858,527.53 and after appropriation the new net position will be $39,723,527.53. 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 funds are currently available from net position of the Risk Financing Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Risk Financing Fund. Prior to an expenditure being incurred, the Human Resources Department and the City"s Attorney Department have the responsibility of verifying the availability of funds. Submitted for City Manager's Office by. ALL ACMs 6122 Originating Business Unit Head: Leann Guzman 8973 Additional Information Contact: Leann Guzman 8973