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HomeMy WebLinkAbout065488 - Settlements - Contract - Kenneth JohnsonCSC No. 65488 CAUSE NO.352-364846-25 KENNETHJOHNSON Plaintiff, V. CITY OF FORT WORTH Defendants. IN THE DISTRICT COURT 352ND JUDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Kenneth Johnson, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges that on or about April 1, 2024, he received personal injuries resulting from a collision at the intersection of East Rosedale and 1011 Block of South Freeway SR in Tarrant County, Texas. WHEREAS, Plaintiff Kenneth Johnson 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 Kenneth Johnson, 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 Kenneth Johnson 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 Kenneth Johnson, and The Godsey Law Firm PC, the sum of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00) in full and final settlement of all claims against the City, its agents, employees, workers or OFFICIAL RECORD CITY SECRETARY Compromise Settlement Agreement and Release of All Claims FT. WORTH, TX Page 1 of 6 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, Kenneth Johnson'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 agree that: 1. Kenneth Johnson, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Plaintiff Kenneth Johnson and The Godsey Law Firm PC, the sum of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of Plaintiffs 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. 352-364846-25, in the 352"d 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 him 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, Kenneth Johnson, or by anyone on his behalf, arising out of the above -described incident. 3. For the same consideration, Plaintiff, Kenneth Johnson, 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 1, 2024, made the basis Compromise Settlement Agreement and Release of All Claims Page 2 of 6 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 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 KENNETH JOHNSON 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, Kenneth Johnson and his attorneys, The Godsey Law Firm PC, 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 attorneys under this Agreement; and (2) Plaintiff and his attorneys are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and his attorneys 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, Kenneth Johnson, acknowledges that he and his attorneys, The Godsey Law Firm 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. Compromise Settlement Agreement and Release of All Claims Page 3 of 6 6. Plaintiff agrees to dismiss the cause(s) of action in the above -entitled and numbered matter, with prejudice, and hereby authorizes and directs his attorneys, The Godsey Law Firm PC, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Kenneth Johnson' claims and causes of action in the above - entitled and numbered case against the City. And, in this connection, Plaintiff, Kenneth Johnson, and his attorneys, The Godsey Law Firm PC 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, Kenneth Johnson, 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 attorneys, The Godsey Law Firm PC, 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, Plaintiff, Kenneth Johnson, 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. 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 Compromise Settlement Agreement and Release of All Claims 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 Parry 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. KENNETif,16HNSON Plaintiff Date: L r // STATE OF TEXAS § COUNTY OFT j)aLWj BEFORE ME, the undersigned authority, on this day personally appeared KENNETH JOHNSON, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� r day of , 2026. � iw�� �,� i� otary Public in aild for the Sae of Texas Ems RAH A MORENPublic, State of 0 xas Expires 04-29-2029ry Ill 1355/2341 Compromise Settlement Agreement and Release of All Claims Page 5 of 6 APPROVED: Emile Lopez Vo The Godsey Law Firm PC 15000 Surveyor Blvd., Addison, Texas 75001 Email: elopez0,,godsevlaw.com Service Email: GMLITOgmfirm.com Tel. (214) 744-3339 Fax. (972) 301-2444 CITY OF FORT WORTH: APPROVED: D&K,q/ 8Lwt0 Dana Burghdoff (Jun 1 026 11:4 :ICDT) Assistant City Manager CITY OF FORT WORTH APPROVED: Olyn Poole Attorney for Defendant, City of Fort Worth Olyn Poole Sr. Assistant City Attorney Heather V. Banahan Nease Assistant City Attorney II Signature: 0.4.10BaA Email: 0[yn.Pooie@fortworthtexas.gov Date: 6/11 /2026 Date: Jun 16, 2026 Date: Jun 17, 2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Compromise Settlement Agreement and Release of All Claims Page 6 of 6 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Kenneth Johnson Subject of the Agreement: Kenneth Johnson v. city of Fort worth 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 "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: 06/17/2026 If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No M *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *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.