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Home My WebLink AboutContract 46580 CITY SECRETAMr / �- CONTRACT NO.o `ttp CAUSE NO. 96-272854-14 ORLANDO DIAZ, § IN THE DISTRICT COURT OF Plaintiff, § e § VS. § TARRANT COUNTY, TEXAS CITY OF FORT WORTH, § Defendant. § 96 T11 JUDICIAL DISTRICT COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIM WHEREAS, Orlando Diaz(hereinafter sometimes referred to as "Plaintiff") in the above- 2' entitled and numbered cause, alleges that on or about January 3, 2013, Orlando was injured in 'x s the early hours as he was driving home from the store and was struck by another vehicle, driven by Tarrant County Community Supervision and Corrections Department employee Rochelle r f Schroeder; and WHEREAS, Plaintiff further alleges that the negligence of the City of Fort Worth (hereinafter sometimes referred to as "City"), along with the negligence of its employees ii proximately caused the above-described accident based on knowledge of a knocked down stop sign at the location; and WHEREAS, as a result of such accident and injuries and damages allegedly suffered by Plaintiff, suit has been filed against the City and others 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 mWHEREAS, Plaintiff has offered to compromise and settle all claims and causes of v f Dv action of any kind which he may have against the City, its agents, employees, workers and 0 Q0 representatives, and all others connected with or in privity with the City, arising out of, or i Uri J COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—ORLANDO D FF' kt ;a �iORD CITY SECRETARY FT.WORTH, TX i 3 "s S connected in any way with, the above described accident in consideration of payment by the City 5 jointly to Plaintiff and his attorney of record, David B. Joeckel, of the sum of Six Thousand Five 6 Hundred Dollars ($6,500.00) in full and final settlement of all claims arising out of the alleged g injuries of Orlando Diaz; and WHEREAS, even though City denies any liability of any kind on account of the alleged k i incident made the subject of Plaintiffs' suit, City has agreed to the payment terms described above in compromise and settlement of disputed claims and in order to avoid further time a consuming and costly litigation. NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS: y w 1. That Orlando Diaz, Plaintiff herein, for and in consideration of payment by the City of Fort Worth, to Plaintiff Orlando Diaz, and his attorney, David B. Joeckel, of the sum of Six Thousand Five Hundred Dollars ($6,500.00) in full and final settlement of all claims arising out of the alleged injuries of Orlando Diaz, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, does for himself, his representatives, successors and assigns, unconditionally releases, acquits and forever discharges 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. 96-272854-14, in the 96`h District Court, Tarrant t County, Texas, including claims for physical pain and mental anguish, medical expenses (past and future), loss of earning capacity 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. ' All sums paid in consideration for this release constitute damages on account of pens Una! in'ul OFFICIAL RECORD CITY SECRETARY COMPROMISE SET'T'LEMENT AGREEMENT AND RELEASE OF, ALL CLAIMS-ORLANDO DIA z F3;gJRTH, TX !i s 1 physical injury, physical sickness or death under Section 104(a) Internal Revenue Code of 1954, as amended. 2. That in consideration of the payment described above, Plaintiff agrees to r indemnify and forever hold harmless and defend the City of Fort Worth, and all agents, F employees, workers and representatives of the City of Fort Worth, and all others connected with i or in privity with the said City of Fort Worth, its heirs, representatives, successors and assigns, 3 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 his behalf, arising out of a the above described incident. s 3. For the same consideration, Plaintiff declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by Plaintiff, or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about January 3, 2013, 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 Fort Worth and any other person, corporation, association, partnership, or a s 3 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 a 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 ORLANDO DIAZ HAS BEEN PAID BY MEDICARE OR BY ANY OTHER GOVERNMENTAL OR QUASI- GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REG RD AND OFFICIAL RECORD CITY SECRETARY COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIAIS—ORLANDO DIAZ �Pag�3®RTI'II TX frr I I MEDICARE OR SOME OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF WILL FULLY SATISFY I ANY CLAIM EVER ASSERTED BY MEDICARE OR OTHER GOVERNMENTAL OR l l 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. G 4. That the release of claims contained herein is given with full knowledge of all ff parties to the referenced suit that there is a dispute on the part of City regarding whether or not it f is liable for any damages alleged in the above-entitled and numbered cause. It is also understood r 3 and agreed that this settlement is in compromise of doubtful and disputed claims and that the payment made hereunder is not to be construed as an admission of liability on the part of the City a 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. i 5. That Plaintiff agrees to dismiss the cause of action in the above-entitled and i numbered matter, with prejudice, and he hereby authorizes and directs his attorney, David B. G' Joeckel, to approve an Agreed Order of Dismissal,with prejudice, with respect to his claims and k Ci causes of action in the above entitled and numbered case. And, in this connection, PIaintiff and f s his attorney agrees 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. 6. That it is understood and agreed that all taxable court costs will be paid by the party incurring same. _ i OFFICIAL RECORD CITY SECRETARY FT.WORTHS TX G COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—ORLANDO DIAZ Page 4 i 7. That by his signature hereto, the undersigned, David B. Joeckel, attorney for Plaintiff, and his law firm, hereby releases the City of Fort Worth, to the same extent Plaintiff has released the City of Fort Worth, from any cause or causes of action which said attorney or his law firm may have by virtue of assignment or otherwise arising out of the alleged incident made the basis of the above-entitled and numbered suit. 8. That 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. 9. That Plaintiff Orlando Diaz 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 attorney and that it is fully understood. 10. That, by his signature hereto, Orlando Diaz 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 his 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. This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below the respective signatures. to 20NLP'V"�—a /� Z-- Orlando Diaz Plaintiff OFFICIAL RECORD Date: a 6 CITY SECRETARY FT. WORTH,TX COMPROMISE SETTLEiINIENTAGREEMENT AND RELEASE OF ALL CLAIMS—ORLANDO DIA"L Page 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Orlando Diaz, 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. A ; ' GIVEN UNDER MY HAND AND SEAL OF OFFICE this—L day 04Azth,2015. •••-•••••••••••••••••••••••-�••••••••• Notary Public in and for the State of Texas zQ,��,RY PSG KIM CONNOR My Commission Expires qac August 14,2018 OFFICIAL. RECORD CITY SECRETARY FT. WORTH, TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMIS—ORLANDO DIAZ Page 6 APPROVED AND AGREED TO: 1 __..... . Date: J David B. 7oeckel,3 . The JoeckeI Law Office 1117 W. Magnolia Avenue Fort Worth,Texas 76104 817-924-8600 Attod �� ®Rr Wmy y r, ity Secretary v o� 00°�°°� X/4S a M&C UQUtRED OFFICIAL. RECORD CITY SECRETARY FT.WORTH,TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS—ORLANDO DIAZ Page 7