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HomeMy WebLinkAbout065260 - Settlements - Contract - Bertha Padilla and Kastl LawCSC No. 65260 CAUSE NO. 141-363427-25 BERTHA PADILLA AND § IN THE DISTRICT COURT MA LUISA CASTILLO, § Plaintiffs, § V. § 141ST JUDICIAL DISTRICT CITY OF FORT WORTH, § Defendant § TARRANT GOUTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY I. RECITALS WHEREAS, Bertha Padilla, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges that on or about April 5, 2023, she received personal injuries in an automobile accident when the vehicle in which she was a passenger collided with a City of Fort Worth fire vehicle; and, WHEREAS, Plaintiff, Bertha Padilla, 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; and, WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff, Bertha Padilla, 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 of action; and, WHEREAS, Plaintiff, Bertha Padilla, 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, Bertha Padilla, and her attorney, Kastl Law, P.C., the sum of Eight Thousand Dollars ($8,000.00) 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY - Padilla Cause No. 141-363427-25; Padilla & Castillo v City of Fort Worth Page 1 of 8 WHEREAS, even though the City denies any liability of any kind on account of the alleged incident made the subject of Plaintiff, Bertha Padilla'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. 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 agree that: 1. Bertha Padilla, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Bertha Padilla and her attorney, Kastl Law, PC, the sum of Eight Thousand Dollars ($8,000.00) 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 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. 141-363427-25, in the 141st 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), lost wages, and any other kind, character or nature of damage related to personal injury or property 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 causes of action, including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff, Bertha Padilla, or by anyone on her behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff, Bertha Padilla, 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 April 5, 2023, made the basis of this litigation, have been or will be paid or compromised by Plaintiff, and COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY - Padilla Cause No. 141-363427-25; Padilla & Castillo v City of Fort Worth Page 2 of 8 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 the City of Fort Worth, as well as any person, corporation, association, partnership, or entity it is 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 BERTHA PADILLA 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. PLAINTIFF ALSO REPRESENTS THAT SHE WILL FULLY SATISFY ALL LEGAL BILLS INCURRED BY HER WITH ANY OTHER LAW FIRM OR ATTORNEY WHO MAY BE OWED FEES RELATED TO THIS MATTER. 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff, Bertha Padilla, and her attorney acknowledge and agree that: (1) the City and their 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, the City COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY - Padilla Cause No. 141-363427-25; Padilla & Castillo v City of Fort Worth Page 3 of 8 denies liability for the above -described accident, if any, and intends, by this settlement, merely to buy its peace. Plaintiff, Bertha Padilla, acknowledges that she and her attorney, Kastl Law, PC, 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 of action in the above -entitled and numbered matter, with prejudice, and hereby authorizes and directs her attorney, Kristina N. Kastl, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff, Bertha Padilla's, claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff, Bertha Padilla, and her attorney 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, Bertha Padilla, 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 and that it is fully understood. 10. By her signature hereto, Bertha Padilla, 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. 11. 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 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY - Padilla Cause No. 141-363427-25; Padilla & Castillo v City of Fort Worth Page 4 of 8 Alp„. T X. . . of Texas, to the extent not preempted by federal law. 12. 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. BERTHA PADILLA, Plaintiff Date: Y a 7- a COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY Padilla Cause No. 141-363427-25; Padilla & Castillo v City of Fort Worth Page 5 of 8 r, 1� J" M STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared BERTHA PADILLA, 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 2JT day of 2026. NotPryPublic in and for the State of Texas 4�rP ! JANETH ALWANDRA MORA ,g Notary Pi C *®� STATE OF TEXAS °a��a� My Comm. Exp. 12-30-28 Notary ID # 135214444, COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY - Padilla Cause No. 141-363427-25; Padilla & Castillo v City of Fort Worth Page 6 of 8 Date: '5b -!�/e) 6 Valorie R. McKinney Bar: 24149213 KASTL LAW, P.C. 4144 North Central Expressway, Suite 1000 Dallas, Texas 75204 Telephone: 214 821-0230 Facsimile: 214 821-0231 ATTORNEY FOR PLAINTIFF, BERTHA PADILLA COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY - Padilla Cause No. 141-363427-25; Padilla & Castillo v City of Fort Worth Page 7 of 8 CITY OF FORT WORTH: APPROVED: ZJ-&- 9"�- William Johnson, Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Attorney for Defendant, City of Fort Worth Heather V. Banahan Nease Assistant City Attorney Date: May 28, 2026 Date: May 27, 2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY - Padilla Cause No. 141-363427-25; Padilla & Castillo v City of Fort Worth Page 8 of 8 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Bertha Padilla and Kastl Law Subject of the Agreement: Compromise Settlement Agreement and Release of All Claims for Personal Injury M&C Approved by the Council? * Yes ❑ No 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage 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: 05/27/2026 If different from the approval date. Expiration Date: N/A 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 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 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. Signature: 5� Email: allison.tidwell@fortworthtexas.gov