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HomeMy WebLinkAbout065645 - Settlements - Contract - Patricia Hurst and Mary Hurst Crawford, Executors of the Estate of Shawn HurstCSC No. 65645 CAUSE NO.153-349891-24 PATRICIA HURST AND MARY HURST § IN THE DISTRICT COURT CRAWFORD, as Executors of the Estate of § SHAWN HURST, deceased § Plaintiff, § § 153" JUDICIAL DISTRICT V. § CITY OF FORT WORTH, § Defendant § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Compromise Settlement Agreement and Release of All Claims ("Agreement") is made and delivered by and to Mary Hurst Crawford individually, and Patricia Hurst, individually and as Administrator of the ESTATE OF SHAWN HURST ("Plaintiffs") and the CITY OF FORT WORTH ("City" or "Defendant"), referred to herein collectively as the "Parties." WHEREAS, On December 17, 2022, a Fort Worth police vehicle was parked in the left- hand lane on Jacksboro Highway while police officers were working a motor vehicle accident on the highway. A motorcycle operated by Shawn Hurst collided into the rear of the parked police vehicle. Mr. Hurst later died. As used herein, "Occurrence" refers to the accident described above, the events leading up to that accident, and the injury and death of Shawn Hurst. Mary Hurst Crawford, Patricia Hurst, and the Estate of Mr. Hurst sued the City of Fort Worth alleging that the negligence of the City was the proximate cause of the accident; and WHEREAS, Plaintiffs filed a Wrongful Death and Survival Action lawsuit against the City of Fort Worth styled, Patricia Hurst and Mary Hurst Crawford, as Executors of the Estate of Shawn Hurst, deceased v. City of Fort Worth; Cause No. 153-349891-24 in the 153`d Judicial District Court, Tarrant County, Texas (the "Lawsuit"), claiming damages arising from or related to the Occurrence, including damages for claimed personal injuries; and WHEREAS, subsequent to the filing of the Lawsuit, Patricia Hurst filed an Application For Appointment of Temporary Administrator in the Probate Court of Parker County seeking the appointment as Temporary Administrator of the estate of Shawn Patrick Hurst; and WHEREAS, the Parties desire to settle all matters in controversy with no party admitting liability. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ARTICLE 1 Consideration 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 are acknowledged, the City and Plaintiffs agree that: Following the execution of this Agreement, the sum total of TWENTY THOUSAND DOLLARS ($20,000.00) ("Settlement Funds") will be paid by the City to Plaintiffs, as follows: The sum of EIGHTEEN THOUSAND DOLLARS ($18,000.00) shall be payable to "The Estate of Shawn Hurst"; and the sum of TWO THOUSAND DOLLARS ($2,000.00) payable to "Mary Hurst Crawford". The Plaintiffs and their legal counsel shall be paid out of the Settlement Funds. All costs of court, expert fees, ad litem fees, and all other expenses incurred by the Plaintiffs, unless otherwise expressed below, shall be paid out of the Settlement Funds. The Plaintiffs shall dismiss the causes of action in the above -entitled and numbered matter, with prejudice as to the City of Fort Worth, and shall expeditiously provide any information the Court may require in connection with the dismissal of said lawsuit. ARTICLE 2 Releases Except for the obligations imposed on the Parties by this Agreement, Plaintiffs, on their own behalf and on behalf of their agents, attorney, successors, and assigns, and any person or entity claiming by, through or under them, do hereby release, acquit and forever discharge the City and each of its current or previous agents, employees, servants, representatives, attorneys, insurers, reinsurers, subsidiaries, successors and assigns (collectively, the "Defendant"), from and against any and all claims, demands, causes of action, liabilities and damages (including but not limited to actual damages, exemplary and punitive damages, statutory damages, penalties, attorney's fees, prejudgment and post judgment interest and expenses), of any and every character, kind and nature whatsoever, at law or in equity, whether known or unknown, past, present or future, accrued or unaccrued, contingent or fixed, whether based on the law of contract, tort, or otherwise, whether under constitutional law, statutory law, or common law, whether state or federal, including, but not limited to, claims arising under the Wrongful Death Statute, claims arising under the Survival Statute, and all claims arising out of, resulting from, based upon, or related in any way to the Occurrence or any transaction or interaction between the Parties prior to the execution of this Agreement, the subject matter of the lawsuit, or the actions of the Parties in the negotiation and Compromise Settlement Agreement and Release of All Claims Cause No. 153-349891-24; Patricia Hurst, et al v. City of Fort Worth Page 2 of 8 execution of this Agreement. The Defendant described above includes Fort Worth Police Officer, Cory Needham. In consideration of the respective payment described above, Plaintiffs agrees to indemnify and forever hold harmless and defend the City of Fort Worth, and all agents, employees, including Fort Worth Police Officer Cory Needham, 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 Plaintiffs, or by anyone on their behalf, arising out of the Occurrence. ARTICLE 3 Express Understandings and Acknowledgments The Parties understand and acknowledge that this Agreement constitutes a FULL, UNCONDITIONAL AND COMPLETE RELEASE and includes all claims against the Defendant, including, but not limited to claims for actual damages, compensatory damages, exemplary damages, punitive damages, violations of any federal or state common law duty, statute, or regulation, attorney's fees, interest, or any other cause of action that was or could have been brought in the Lawsuit or otherwise relating to or arising from the Occurrence. The Parties understand and acknowledge that upon execution of this Agreement there are no further obligations or duties of any kind, express or implied, legal or equitable, owed by any of the Parties to one another with regard to the subject matter of the Lawsuit, except as may be expressly provided in this Agreement. The Parties understand and acknowledge that by executing this Agreement, no party admits any liability, such liability being specifically denied. The Parties understand and acknowledge that this Agreement is made as a compromise and shall never be used as evidence of liability or wrongdoing of any of the Parties in any claim, cause of action or suit, except in a suit wherein a breach of this Agreement is alleged. Taxes. The Plaintiffs will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiffs acknowledge and agree that: (1) the City and its legal counsel have made no representations to Plaintiffs regarding the tax consequences of the payments made to them under this Agreement; and (2) Plaintiffs are ultimately responsible for determining the taxability of any of the payments made to Plaintiffs 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. Compromise Settlement Agreement and Release of All Claims Cause No. 153-349891-24; Patricia Hurst, et al v. City of Fort Worth Page 3 of 8 All payments provided for herein constitute damages on account of personal physical injuries and/or physical sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended ARTICLE 4 Express Representations and Warranties Plaintiffs represent and warrant as follows: All expenses of any and every nature and character whatsoever incurred by Plaintiffs arising from the Occurrence or in connection with the Lawsuit have been or will hereafter be paid in full by Plaintiffs, including, but not limited to, any and all claims of providers of medical and related services, Medicare and/or Medicaid, insurers, attorney, governmental agencies or others who may claim a lien, subrogation, or other rights with respect to or related to the Occurrence described above and any injuries or damages incurred or sustained as a result of it. To Plaintiffs' knowledge, no insurance, hospital, Social Security, Medicare, Medicaid, child support, or other liens exist or will give rise to any claim against the Defendant. Plaintiffs have not assigned, pledged or otherwise in any manner whatsoever sold or transferred, either by instrument in writing or otherwise, any right, title, interest or claim that they have or may have by reason of the Occurrence or any matters arising out of or related thereto. Before executing this Agreement, Plaintiffs have fully informed themselves of its terms, contents, conditions and effect, and no promise or representation of any kind has been made to them by the Defendant or by anyone acting for Defendant, except as expressly stated in this Agreement. Plaintiffs have relied solely and completely upon their own understanding in making this settlement, and Plaintiff fully understands that this is a full, complete and final release, and that the aforementioned $20,000.00 is all the money that is to be paid by the Defendant or any person or entity connected with the Defendant to them as a result of the Occurrence which underlies the released claims, and that Plaintiffs will have no further rights to appeal. Plaintiffs acknowledge that they are not relying upon the advice of the Defendant or Defendant's counsel or representatives as to the legal and tax consequences of this Agreement. Plaintiffs acknowledge that each of the above warranties and representations is a material and inducing condition precedent to the funding of the consideration for this Agreement. Compromise Settlement Agreement and Release of All Claims Cause No. 153-349891-24; Patricia Hurst, et al v. City of Fort Worth Page 4 of 8 ARTICLE 5 Dismissal of Suit Plaintiffs agree to dismiss the cause of action in the above -entitled and numbered matter, with prejudice, and hereby authorize and direct their attorney, Alexander Caire of the Law Office of Joel A. Levine, PLLC to prepare and file the appropriate motion or stipulation of dismissal with prejudice in the Lawsuit. The motion or stipulation shall provide that the matter is dismissed with prejudice to the right of any party to re -file same, and that all costs are assessed against the party incurring same. In this connection, Plaintiffs and their 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. ARTICLE 6 Miscellaneous 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. This Agreement and the rights and obligations included in this Agreement shall inure to the benefit of and be binding upon each party to this Agreement and their respective successors and assigns. If any provision or tern of this Agreement shall for any reason be held to be unenforceable or invalid, the remainder of the Agreement shall not be affected. This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings and agreements between the Parties or any of them with respect to the subject matter of this Agreement. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. The provisions of this Agreement shall not be waived, modified or amended except by subsequent writing signed by all Parties. 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. 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 Compromise Settlement Agreement and Release of All Claims Cause No. 153-349891-24; Patricia Hurst, et al v. City of Fort Worth Page 5 of 8 Mary Hurst Crawford, Individual Date: 7 //j I'Z o Z � STATE OF TEXAS § COUNTY OF?Ifktr § BEFORE ME, the undersigned authority, on this day personally appeared Mary Hurst Crawford, 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. TGIVEN UNDER MY HAND AND SEAL OF OFFICE this Az day of l 2026. //hP�f* JULIE DIANE BRUNGA ' t VA i �: Notary Public, State of Texas, public in and for the S ate of T as 9T Comm. Expires 03-19-2029 �„��� Notary ID 135507217 [ADDITIONAL SIGNATURES APPEAR ON THE FOLLOWING PAGES] Compromise Settlement Agreement and Release of All Claims Cause No. 153-349891-24; Patricia Hurst, et al v. City of Fort Worth Page 7 of 8 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. IN WITNESS WHEREOF, the Parties have executed this Agreement individually or through their authorized representatives as of the date or dates set forth beside their respective signatures. Patricia Hurst, individually and as Administrator of the Estate of Shawn Patrick Hurst Date:v— STATE OF TEXAS § COUNTY OF PWK § BEFORE ME, the undersigned authority, on this day personally appeared Patricia Hurst, 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this / day of 2026. " I �jjv� tary Public in and for the State of xas \\\�.Y plf�i� JULIE DIANE BRUNGARDT `� Ue NotarY Public. State of Texas =�s vZ Comm. Expires 03 19 2029 noFmNotary ID 135507217 \ Compromise Settlement Agreement and Release of All Claims Cause No. 153-349891-24; Patricia Hurst, et al v. City of Fort Worth Page 6 of 8 CITY OF FORT WORTH: APPROVED: zj-&� 9./-, Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: Destiney-Ariel Hicks Senior Assistant City Attorney ATTEST: City Secretary Katherine Cenicola Date: Aug 11, 2026 Date: 7/24/2026 Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Compromise Settlement Agreement and Release of All Claims Cause No. 153-349891-24; Patricia Hurst, et al v. City of Fort Worth Page 8 of 8 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Levine, Wenholz, and Smith, PLLC Subject of the Agreement: Patricia Hurst and Mary Hurst Crawford, as Executors of the Estate of Shawn Hurst, Deceased v City of Fort Worth 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: 07/24/2026 If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No ❑ *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 ❑ 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