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HomeMy WebLinkAbout065711 - Settlements - Contract - Laurie MartinezCSC Na. 65711 CAUSE NO. 236-3691752-25 LAURIE MARTINEZ, § IN THE DISTRICT COURT Plaintiff, § V. § 236`h JUDICIAL DISTRICT CITY OF FORT WORTH, § Defendant § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND OFFICIAL RECORD RELEASE OF ALL CLAIMS FOR PERSONAL INJURN' CITY SECRETARY FT. WORTH, TX I. RECITALS WHEREAS, Laurie Martinez, Plaintiff in the above -entitled and numbered cause ("Plaintiff'), alleges that on or about September 5, 2024, she received personal injuries in an automobile accident when the vehicle in which she was operating collided with a City of Fort Worth police vehicle; WHEREAS, Plaintiff Laurie Martinez 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; WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff Laurie Martinez, 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 of action; WHEREAS, Plaintiff Laurie Martinez has offered to compromise and settle all claims and causes of action of any kind other than property damage 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 Laurie Martinez, and her attorney Edward W. Sampson, of the Law Offices of Edward W . Sampson, PC, the sum of Two Hundred Twenty -Five Thousand Dollars and 00/100 ($225,000.00) 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 Plaintiff, Laurie Martinez'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 Laurie Martinez agree that: 1. Laurie Martinez, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Laurie Martinez and her attorney, Edward W. Sampson, of the Law Offices of Edward W. Sampson, PC, the sum of Two Hundred Twenty -Five Thousand Dollars and 00/100 ($225,000.00) in full and final settlement of all claims other than property damage 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 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 other than property damage which said Plaintiff might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 236-3691752-25, in the 236th 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), loss of wages (past and future), loss of earning capacity (past and future), mental anguish (past and future), and any other kind, character or nature of damage, other than 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 respective 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, or by anyone on her behalf, arising out of the above -described incident. 3. For the same consideration, Plaintiff, Laurie Martinez, 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 September 5, 2024, made the basis of this litigation, have been or will be paid or compromised by Plaintiff, and Plaintiff 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. Compromise Settlement Agreement and Release of All Claims for Personal Injury Laurie Martinez v. CFW Cause No. 236-3691752-25 Page 2 of 6 PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF LAURIE MARTINEZ 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 LAURIE MARTINEZ 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, Laurie Martinez, and her attorney 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 an admission of liability on the part of the City of Fort Worth, and, in fact, the City denies liability for the above -described accident, if any, and intends, by this settlement, merely to buy its peace. Plaintiff, Laurie Martinez, acknowledges that her and her attorneys, Edward W. Sampson from Law Offices of Edward W. Sampson, PC and Yvette Diaz from Freese & Goss, PLLC, 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, including, but not limited to, any attorney or law firm who claims to have represented Plaintiff at any time with regard to the alleged damages made the basis of this lawsuit or that could have been made the basis of this lawsuit 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, Edward W. Sampson, Law Offices of Edward W. Sampson, PC, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff, Laurie Martinez's, claims and causes of action in the above -entitled and numbered case against the City. And, in this connection, Plaintiff, Laurie Compromise Settlement Agreement and Release of All Claims for Personal Injury Laurie Martinez v. CFW Cause No. 236-3691752-25 Page 3 of 6 Martinez. and her attornev agree to expeditiously pros,Jde any information the Court niav requirc. , I and/or to my y hearinins the may require. in cote mctim] iflk he di"'Missa of said lawsuit. � W .1 I 1� V tr;� It i�� undt-n-st(,od and Agreed thii- OS-� �kj'j! i:qj,,j 6 1 I.I.,ilTV incurring sane. 8. '1 Ills Compromisc T11,ay be e\i cuted in a ii-timher of identic,11 Cont,)teqiaris, each of which b, df-k x Ee, fn r"r,"4 nal for ali p1mos's. The flat -ties contal; njt qeenle"I! ,;s the llmtocs ,ree that th is A_ and- -,up-an,,ckics any rind all prior agre;xleilis. rellatilig (, tilt sub . natter. No oral understandings, contralt' to 11w w.1,111i of this Agreement exist. This Agrcment canr .Iot ibc chang J oraj,i,y, and any Changes, tic wmendments iltust be signed bN- all Par-nes, Hffet:ted by thc chjrwe or ameridnwrit, and ackmowhAge4 that this and RtAcasc of Nil Claims, For per.,onal li1_jury has been read in its entirety before siping and that it has been fully explained, in detail. to !let by her attorney and that 1, is fiffly undlerslock& 0, By her s4navure hereto. Laurie Maninez, Pleinliff'. repre-sents and declares that tide is more than eighteen ( 181 years of age and fully coxnp:,Tcnt to enter Into MS COMOR Wsk� Settlemcm Aoreunwnt and Reicase of All Clairm, for Personai Injury, that the rep-NSCIAWTIOMS, declaraiions, Zind agre ements herem are, accuratc. biriding, and arc contractual in natum- and 111.11 no representation or agreement not herein expressed ha,; bcQn made to her a,, inducenumt x) enter into this Compromise Settlement Agreement and Release ol'All (71aimts for Personal IRjun t is understood and agreed that thit., Agreement shall b:. governed by and consirued accordance and subject to, the laws of th,, State of TQ.Nxi. Ify the exmit not Tetnnpted by federal I — ------ T}ais Agreement is lh-, prudluct of ami�s-len w-cr, �h gtir, ticuotiatkms bet ,and no Pam shall be deemed to be the dtaftcr at any provision (it the entire Agreement. mjv(,)rdcag in this Agreenitint was reviewcd and acct�.pted by all Parties after r-easonable tin a TC4ieW with lCgAl COU11SCI, and 110 Ntn-y `hall bt, Qntitled to have any wording Vuhis Agreell Construed against the other Party as w1c drafter (it ill A f,eme, cDimeellop with thisAareenientlA62AMMW i 4-411.1sa"Peenicrit. shou'vd, be efkmive as of the! date the l.tsi 1" 1mrtV sib1 zim aW 'Uwss�I� ,"bQ , l — STaTF OF TFIV; S § couN,ni OF 3EFOR!' 11VIE, the undci:•ignlcd authontt, ovi this &v, I s°' NIA10 INEZ, k novvn !k) ML' W t)i, be (}P,i�OTt 41`iisa�l' flTr� YE, stlt ^f3}1 ;: S i� n _. "Fii. and KdAi}E)vdc,k!cd to W-C Lhat ,Xci wcd ihlt' ',:11ne -iS !I i °i is ;:+< e._, \«' ELAND i,`D A f OF01-i ;t h Sent from Yahoo Mail for Phone LAURIE MARTINEZ APPROVED AS TO FORM: ��;To � L w . ampson Law Offices of Edward W. Sampson, PC ATTORNEY FOR PLAINTIFF CITY OF FORT WORTH APPROVED: ZJA-., 2.�� William Johnson Assistant City Manager APPROVED: Attorney for Defendant, City of Fort Worth Destiney-Ariel Hicks Sr. Assistant City Attorney Date: Z //— Date: 08/21 /2026 Date: 8/21/2026 Compromise Settlement Agreement and Release of All Claims for Personal Injury Laurie Martinez v. CFW Cause No. 236-3691752-25 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 6 of 6 FORT WORTH,, MAYOR AND COUNCIL COMMUNICATION 7.1.3 SETTLEMENT LAURIE MARTINEZ DATE: 08/11/26 M&C FILE NUMBER: M&C 26-0750 DEPARTMENT: LAW SUBJECT (ALL) Authorize Settlement and Payment in the Total Amount of $225,000.00 for Full and Final Settlement of All Claims Related to the Lawsuit Styled Laurie Martinez v. City of Fort Worth, Cause No. 236-361752-25 in the 2361h District Court, Tarrant County, Texas RECOMMENDATION It is recommended that the City Council: 1. Authorize the settlement and payment in the amount of $225,000.00 to Laurie Martinez and the Law Offices of Edward Sampson, PC, for full and final settlement of all claims related to the lawsuit styled Laurie Martinez v. City of Fort Worth, Cause No. 236- 361752-25 in the 236th District Court, Tarrant County, Texas; and 2. Authorize the appropriate City personnel to execute all releases and agreements necessary to complete the settlement. DISCUSSION On September 5, 2024, a police officer was repositioning his vehicle on the south exit ramp of 1-35 W and 1-30 W, intending to block the right lane of travel. As he moved his vehicle from the shoulder into the right lane of travel, he over positioned his vehicle and collided with Laurie Martinez's vehicle, which was traveling in the left lane. As a result, Mrs. Martinez suffered bodily injury. Through the mediation process, the parties agreed to settle the case for a total payment of $225,000.00, subject to City Council approval. The agreement includes Mrs. Martinez's full and final release of all claims against the City. 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 budgeted in the Lawsuit Payments/Settlements account within the Risk Financing Fund. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION 1of2 FORT WORTH,, The Director of Finance certifies that funds are available in the current Operating budget, as previously appropriated, in the Risk Financing Fund to support the approval of the above recommendations and execution of the settlement. Prior to any expenditure being incurred, the Financial Management Services Department has the responsibility to validate the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: ADDITIONAL INFORMATION CONTACT: ATTACHMENTS Motion: Approved. Giordano, Dianna, # 7783 Leann Guzman, # 8973 Destiney-Ariel Hicks, # 7669 2 of 2 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Law Offices of Edward W Sampson, PC Subject of the Agreement: Laurie Martinez v City of Fort Worth - Personal Injury Claim M&C Approved by the Council? * Yes 0 No ❑ 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: August 21, 2026 If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 21 *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 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.