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HomeMy WebLinkAbout065489 - Settlements - Contract - Pedro Alfaro, Jr. and Julian AlfaroCSC No. 65489 CAUSE NO.067-361990-25 PEDRO ALFARO, JR. AND § IN THE DISTRICT COURT JULIAN ALFARO, § Plaintiffs § V. § 67TH JUDICIAL DISTRICT THE CITY OF FORT WORTH, Defendant § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX WHEREAS, Pedro Alfaro, Jr. and Julian Alfaro, Plaintiffs in the above -entitled and numbered cause ("Plaintiffs"), allege that on or about July 26, 2023, they sustained personal injuries after driving over spilled debris on the westbound lanes of the I-20 Freeway near the 3500 block in Tarrant County, Texas. WHEREAS, Plaintiffs Pedro Alfaro, Jr. and Julian Alfaro further allege 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 Plaintiffs Pedro Alfaro, Jr. and Julian Alfaro, 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 Plaintiffs' claims and cause(s) of action; WHEREAS, Plaintiffs Pedro Alfaro, Jr. and Julian Alfaro have offered to compromise and settle all claims and causes of action of any kind which they 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 Plaintiffs Pedro Alfaro, Jr. and Julian Alfaro, and Anderson Injury Lawyers, the sum of One Hundred Fifty Five Thousand and 00/100 Dollars ($155,000.00) 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 Plaintiffs' alleged injuries, and; WHEREAS, even though the City denies any liability of any kind on account of the alleged incident made the subject of Plaintiffs, Pedro Alfaro, Jr. and Julian Alfaro'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. Compromise Settlement Agreement and Release of All Claims Page r of 7 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 Plaintiffs agree that: 1. This Settlement is subject to final approval by Fort Worth City Council. The Settlement will be presented to the City Council for approval within (30) thirty days after all parties have fully executed this final settlement document. It is contemplated that this final settlement document will be finalized in order to present to City Council for approval at the JUNE 23, 2026 Council meeting. 2. Upon the approval of this Settlement by Council, Pedro Alfaro, Jr. and Julian Alfaro, Plaintiffs herein, for and in consideration of payment by the City of Fort Worth to Plaintiffs Pedro Alfaro, Jr. and Julian Alfaro and Anderson Injury Lawyers, the sum of One Hundred Fifty Five Thousand and 00/100 Dollars ($155,000.00) 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 sufficiency of such consideration being hereby acknowledged and confessed by Plaintiffs, do for themselves, their 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 Plaintiffs might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 067-361990-25, in the 67th 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. Payment must be received by Plaintiff's counsel within 21 days of the approval by Fort Worth City Council. 3. In consideration of the payment described above, Plaintiffs agree 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 Plaintiffs, Pedro Alfaro, Jr. and Julian Alfaro, or by anyone on their behalf, arising out of the above -described incident. 4. For the same consideration, Plaintiffs, Pedro Alfaro, Jr. and Julian Alfaro, declare and warrant that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by them, or on their behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about July 26, 2023, made the basis of this litigation, have been or will be paid or compromised by Plaintiffs, and Plaintiffs hereby agree 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 Compromise Settlement Agreement and Release of All Claims Page 2 of 7 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. PLAINTIFFS REPRESENT THAT NONE OF THE MEDICAL BILLS OF PEDRO ALFARO, JR. AND JULIAN ALFARO HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY. IF PLAINTIFFS ARE MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFFS 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. 5. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiffs, Pedro Alfaro, Jr. and Julian Alfaro and their attorneys, Anderson Injury Lawyers, acknowledge and agree that: (1) the City and its counsel have made no representations to Plaintiffs or their counsel regarding the tax consequences of the payments made to them or to their attorneys under this Agreement; and (2) Plaintiffs and their attorneys are ultimately responsible for determining the taxability of any of the payments made to Plaintiffs and their 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. 6. 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. Plaintiffs, Pedro Alfaro, Jr. and Julian Alfaro, acknowledge that they and their attorneys, Anderson Injury Lawyers, are the only parties entitled to the proceeds of this settlement and agree 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. 7. Plaintiffs agree to dismiss the cause(s) of action in the above -entitled and numbered matter, with prejudice, within (7) seven business days after receiving payment, and hereby authorize and direct their attorneys, Anderson Injury Lawyers, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Pedro Alfaro, Jr.'s and Julian Alfaro's claims and causes of action in the above -entitled and numbered case against the City. And, in this connection, Plaintiffs, Pedro Alfaro, Jr. and Julian Alfaro, and their attorneys, Anderson Injury Lawyers 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. Compromise Settlement Agreement and Release of All Claims Page 3 of 7 8. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 9. 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. 10. Plaintiffs, Pedro Alfaro, Jr. and Julian Alfaro, represent and acknowledge 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 them by their attorneys, Anderson Injury Lawyers, and that it is fully understood. 11. Plaintiffs assume 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. 12. By their signature hereto, Plaintiffs, Pedro Alfaro, Jr. and Julian Alfaro, represent and declare that they are more than eighteen (18) years of age and are 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 them as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. 13. 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. 14. 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. Compromise Settlement Agreement and Release of All Claims Page 4 of 7 \* PEDRO ALF,ARO, JR. Plaintiff Date: 06/01 /2026 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared PEDRO ALFARO, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and aclaiowledged 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 1 St day of June , 2026. SPRY Pl% KIM K. RIMMER i®o Notary Public, State of Texas � ID# 131733766 NyTFOF c�+e My Commission Expires September 21, 2026 Notary Public in and for the State of Texas Compromise Settlement Agreement and Release of All Claims Page 5 of 7 0 JULIAN ALFARO Plaintiff Date: 06/01 /2026 STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared JULIAN ALFARO, 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 1st day of June , 2026. .SPRY PVg KIM K. RIMMER i Notary Public, State of Texas y ID# 131733766 Ny�FOFj,�}� My Commission Expires September 21, 2026 Notary Public in and for the State of Texas Compromise Settlement Agreement and Release of All Claims Page 6 of 7 CITY OF FORT WORTH: APPROVED: -00�� Assistant City Manager CITY OF FORT WORTH Date: J U n 3, 2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Compromise Settlement Agreement and Release of All Claims Page 7 of 7 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Pedro Alfaro, Jr. and Julian Alfaro Subject of the Agreement: Pedro Alfaro, Jr. and Julian Alfaro v. 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: 06/23/2026 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. 59v �