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HomeMy WebLinkAbout065823 - Settlements - Contract - Karrie Wright and Mizani Law FirmCSC No. 65823 CAUSE NO. 141-364653-25 K,%RR1E WRIG11'1', § IN 7'IIE DISTRICT (1)1111 I iPlaintif. § § § 141" JUDICIAL DISTRICT CITY OF FORT WORTH AND § A'LURE GENERAL § CONTRACTORS, LLC, § Defendants. § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS FOR PERSONAL INJURY I. RECITALS WHEREAS, Karrie Wright, Plaintiff in the above -entitled and numbered cause ("Plaintiff"), alleges that on or about April 10, 2024, she received personal injuries after stepping into an open and uncovered manhole; and, WHEREAS, Plaintiff, Karrie Wright, 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, Karrie Wright, 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, Karrie Wright, 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, Karrie Wright, and her attorney, Mizani Law Firm in the sum of Thirty Thousand Dollars ($30,000.00) 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, WHEREAS, even though the City denies any liability of any kind on account i!/,I 1 !lMI'I SIi'I"I I-lsMl N'l At; VF 3MI?N'I AND ICI I I D)F AI L CI AIMS I'(II I'i H ,ON U INJI-'R0 \\ IL,h1 CauSc No, 141 •364653-25 Ka,11e Wi11,A1 i, ( III 0/ 1 i1 11 "01111 t'.II�e' I ��I S OFFICIAL RECORD ' CITY SECRETARY FT. WORTH, TX k)1 the alleged incident made the subject of Plaintiff, Karrie Wright's suit, the City h 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. Karrie Wright, Plaintiff herein, for and in consideration of payment by the City of Fort Worth to Karrie Wright and her attorney, Mizani Law Firm, in the sum of Thirty Thousand Dollars ($30,000.00) 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. 141-364653-25, In the 141` 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, Karrie Wright, or by anyone on her behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff, Karrie Wright, 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 10, 2024, made the basis 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 COMPROMISE SETTLEMENT AGREEMENT ANU III FFASL OfF Al_l- CLAIMS FOR PERSONAL INJURY - Wright Cause No. 141-364653-25; Karrie Wright v city o/ f' in Worth Page 2 of 8 tort Worth and any other person, corporation, association, partnership, or entity In pri\ itv ith 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 KARRIE WRIGHT 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, Karrie Wright 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 tact, the C its' C ,:1i Ornri Situ i irni wi A,ici i.Mi.rri nr i, Iti i Al , n At i ('i nini� vc,i: I'i.r ,c)ti \i I,\', In 11 iihi ( IU' Nu. 141-364653-25; Karhe Wrrs'lrl v (Yfvoll t Wo,rli I'.,z,r { ,t denies hahility tot the above -described accident, if any, and intends, by thl: c ttlemc nt, merely to buy its peace. Plaintiff, Karrie Wright, acknowledges that shr lid her attorney, Mizani l ,aw Firm, arc 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, Armin Mizani, to prepare and file the appropriate Motion and Order of Dismissal, with prejudice, with respect to Plaintiff, Karrie Wright's, claims and causes of action in the above entitled and numbered case against the City. And, in this connection, Plaintiff, Karrie Wright, 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, Karrie Wright, 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, Karrie Wright, 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 b\ .7 nd construed and enforced in accordance with, and subject to, the laws of the St,ttc AI I r lAla ')J III 1.M1.td I A(,IfI-.I MI N"I ANI o Ill ii \',I l)l Al I Cl AIMS FUR I'I I:SUN \I INil hl \\ t ;l JAI 45l S 75, /�'itme Wr(�,�lu v O1), r'/ / ',( 6f ,oth I' c)1 Fcxas, 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. WRIGHT Plaintiff Date: oZ G 1I 1141 r:1 A(,III I•MI NI'AtII) I I I A`,I (,i Alt ( I \IM IoR Pb.jsO\ \I INII R\ \\ IIl,h STA TF OF I'F \ AS § Cot NTY OF 'I'ARRANT § BEFORE ME, the undersigned authority, on this day personally appeared KARRIE WRIGHT, 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 day of 2026. """' SUZEANNEROGERS Notary Public, Siate of Texas Pu lie in and for State of Texas Comm. Expires 06-04-2028 Notary ID 134930823 nmt ,!l l'MJ Jf A(,kJ•.J'.MI,N'I AND IZI I I A',I c i Al 1 l`I AIMti l UUk l'I t'\ 25, l:lllJ(' I4%1"li'l11 V ('(Iv u/ l nil Woll/I �' I• . APPROVED AS TO FORM: • Date: Armin Mizani State Bar No.: 24090271 M 17.AN I LAW FIRM 1225 S. Main Street, Suite 102 Grapevine, Texas 76051 Telephone: (800) 273-1883 Facsimile: (817) 977-5396 ATTORNEY FOR PLAINTIFF, KARRIE WRIGHT 9/16/2026 tH MI ': I AtJ�l I fAl7 ANJ) Iila 1/.I ( )I Al I ( I "+IP.1', I I K I'I.uNt)NAI IN II 1:1 `\ ur,hl %, /'nur W,,;'/,t h (iry a/hnrl 614,,t/t I' Cl I'I O1. FORT NVOI I'l l : \PPRov'El_): Jcsica L. McEachem, Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: p , as aI Attorney for Defendant, City of Fort Worth Heather V. Banahan Nease Assistant City Attorney Date: Sep 17, 2026 Date: Sep 16, 2026 1 ';1.'1'11 1.1r11JJ'I Ahl.I.MI,N•t'ANI) KPA A' „I Al I C'I.ALMS FOR PERSONAt INItlk\ \\ 'Eight 41 41,`, ; 2 l'eiin lV,hlu v ('fry 0I hiuI! {1'n,iA I',t::r S , I S FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Karrie Wright and Mizani Law Firm 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 back page 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: 09/16/2026 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 O 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. Signature: Email: aLIison.tidweIE@fortworthtexas.gov