The URL can be used to link to this page

Home My WebLink AboutResolution - 2022-R0002 - Compromise Settlement Agreement with Eligah Williams and Glorya GarciaResolution No. 2022-R0002 Item No. 7.7 January 11, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Compromise Settlement Agreement and Release of all Claims in Cause No. 2019-534,990, 72"d District Court of Lubbock County, Texas, styled Eligah Williams and Glorya Garcia v. City of Lubbock, Texas and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 11, 2022 2, DANIEL M. POPE, MAYOR M AA Rebecca Garza, City Secretary APPR VED S TO CONTENT: Lamey Morrison, Risk Manager Gas' •I9�I• • • : u JeA'fl&'tsell, Deputy City Attorney vw:ccdocs/RES.Settlement Agrmt-Williams, Eligah December 28, 2021 Resolution No. 2022-R0002 STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Compromise Settlement Agreement and Release of All Claims ("Settlement Agreement") is entered into by and between the CITY OF LUBBOCK, TEXAS ("the City"), and ELIGAH WILLIAMS AND GLORYA GARCIA, ("the Claimants"). RECITALS WHEREAS, on or about October 31, 2017, Eligah Williams was driving his vehicle on the North Loop 289 access road and Glorya Garcia was a passenger in this vehicle; and WHEREAS, a City of Lubbock Solid Waste truck was also being driven on the North Loop 289 access road; and WHEREAS, the City of Lubbock Solid Waste truck attempted to make a right turn into an alley from the North Loop 289 access road; and WHEREAS, there was a collision between the City of Lubbock's vehicle and the vehicle being driven by Eligah Williams; and WHEREAS, Claimants allege that the driver of the City vehicle was negligent in operating his vehicle; and WHEREAS, Claimants allege they suffered physical injuries as a result of this accident, some of which required surgical intervention; and WHEREAS, Claimants filed suit against the City of Lubbock in Cause No. 2019- 534,990 in the 72"d District Court of Lubbock County, Texas; and PAGE 1 OF 7 EVS INITIALS: 'r GG'S INITIALS: WHEREAS, the City denies any liability to Claimants for any claim or cause of action, but is willing to settle all claims to avoid the inconvenience, distractions, uncertainties and expenses attendant to litigation and trial, in exchange for the consideration and releases set forth below. 1. IN CONSIDERATION of the payment by the City of the sum of TWO HUNDRED FIFTY THOUSAND and No/100 Dollars ($250,000.00), Claimants do hereto enter into this Settlement Agreement and do hereby release, acquit, and forever discharge the City of Lubbock, Texas, its respective predecessors, successors, assigns, owners, City Council, partners, members, managers, employees, directors, legal representatives, insurers, independent contractors, agents and attorneys (the "Releasees"), of and from any and all liability, claims, demands, damages, �attorney's fees, costs, valid liens, where statutorily provided or otherwise, expenses, services, actions, causes of action, or suit in equity, of whatsoever kind or nature, whether heretofore or hereafter accruing, which Claimant now has or may hereafter have, whether known or unknown, arising from the motor vehicle accident on October 31, 2017, involving the City of Lubbock. The sum set forth above constitutes damages on account of personal physical injuries and/or physical sickness, arising from an occurrence, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. 2. Payment shall be made by check payable to Eligah Williams, Glorya Garcia and Glasheen, Valles & Inderman, LLP after this Settlement Agreement is signed by all parties. PAGE 2 OF 7 EW'S IMTiALS: GG'S IMTIALS: ct LA 3. Claimants agree that they are each responsible for any of their own outstanding valid liens, claims, or rights of subrogation that may now or hereafter exist arising out of or relating to this occurrence including, but not limited to, liens from any health care insurer or health care provider. This section is not intended to shift responsibility from one claimant to the other for payment of any treatment that either one of them underwent related to this incident if said treatment resulted in a valid lien, claim or subrogation interest. 4. This Settlement Agreement may be pled as a full and complete defense to any action, suit, or other proceeding, which may be instituted, prosecuted or attempted for, upon, or in respect of any of the claims released hereby. 5. This Settlement Agreement includes any transaction, occurrence, matter or thing whatsoever, whether known or unknown, arising or occurring due to this incident including, but not limited to, all claims, demands, causes of actions of any nature, whether in contract or in tort, or arising out of, under or by virtue of any statute or regulation, that are recognized by law or that may be created or recognized in the future by any manner, including, without limitation, by statute, regulation, or judicial decision, for past, present and future damage or loss, or remedies of any kind that are now recognized by law or that may be created or recognized in the future by any manner, and including but not limited to the following: all actual damages, all exemplary and punitive damages, all penalties of any kind or statutory damages. Claimants hereby declare that they fully understand the terms of this Settlement Agreement and voluntarily accept the above stated sum for the PAGE 3 OF 7 EW'S INITIALS: GG'S MTIALS: purposes of making full and final settlement of any and all the injuries, damages, expenses, and inconveniences above mentioned. b. Claimants hereby represent and warrant that they, and they alone, own the claimed rights, interests, demands, actions, or causes of action, obligations, or any other matter covered by this Settlement Agreement (the "Claimed Rights"), and that they have not transferred, conveyed, pledged, assigned or made any other disposition of the Claimed Rights. Claimants agree to indemnify and hold harmless the Releasees from and against any and all claims, demands, or causes of action for anyone claiming by, through, or under claimants, including any valid liens, whether statutory or otherwise, regarding the claimed rights, interests, demands, actions, or causes of action, obligations, or any other matter covered by this Settlement Agreement. 7. The terms of this Settlement Agreement shall inure to the benefit of, and be binding upon, the Claimants, Releasees, successors or assigns. 8. All signatories to this Settlement Agreement hereby warrant that they have the authority to execute this Settlement Agreement and bind the respective parties. 9. This Settlement Agreement states the entire agreement of the parties with respect to the matters discussed herein, and supersedes all prior or contemporaneous oral or written understandings, agreements, statements or promises. 10. This Settlement Agreement may not be amended or modified in any respect except by a written instrument duly executed by all of the parties to this Settlement Agreement. PAGE 4 OF 7 EW'S IMTIALS: GG'S IMTIALS: 11. If this Settlement Agreement does not become effective for any reason, it shall be deemed negotiations for settlement purposes only and will not be admissible in evidence or usable for any purposes whatsoever. 12. If any portion or term of this Settlement Agreement is held unenforceable by a court of competent jurisdiction, the remainder of this Settlement Agreement shall not be affected and shall remain fully in force and enforceable. 13. Each party has consulted with whatever consultants, attorneys or other advisors each deems appropriate concerning the effect of this Settlement Agreement and Claimants assume the risk arising from not seeking further or additional consultation with such advisors. 14. Each party assumes the risk of any mistake of fact or law with regard to any aspect of this Settlement Agreement, the dispute described herein, or any asserted rights released by this Settlement Agreement. 15. Claimants, by entering into this Settlement Agreement, acknowledge that this settlement is a compromise of a disputed claim as to the liability of the Releasees for the Claimants' injuries and damages, if any, and the payment made herein is not to be construed as an admission of liability on the part of the Releasees. It is understood that the existence of any liability or wrongdoing has been, and continues to be, expressly denied by the Releasees. 16. All parties to this Settlement Agreement acknowledge and agree that they have obtained legal representation and advice, as they have deemed appropriate in entering into this Settlement Agreement. PAGE 5 OF 7 EW'S IlMIALS: GO'S INITIALS: ri 17. All parties further state that this Settlement Agreement, including the foregoing release, has been carefully read and each party understands the contents thereof and have signed the same as their own respective free act and have not been influenced in making this settlement by any representative of a party or parties released. 18. It is further understood that the provisions of this Settlement Agreement are contractual and not mere recitals and that the laws of the State of Texas shall govern this Settlement Agreement. FOR THE CLAIMANT �el— ELIGAWWILLIAMS STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, the undersigned authority, on this 90r day of December, 2021, personally appeared ELIGAH WILLIAMS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. AMANDA JANE DEER P ... B Notary Public, State of Texas '• -e= Comm Expues 10-15-2022 °o C�-�c .EOF ,,,.,,,, Notary ID 129905717 PAGE 6OF7 Notary Public EW'S INITIALS: GG'S INITIALS: a J FOR THE CLAIMANT GLORY GARCIA STATE OF TEXAS § COUNTY OF LUBBOCK § i Before me, the undersigned authority, on this Q0day of December, 2021, personally appeared GLORYA GARCIA, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. AMANDA JANE DEER %Notary Public, State of Texas "z Comm Expires 10.15.2022 Notary ID 129905717 PAGE 7 OF 7 Notary Public FOR THE CITY OF LUBBOCK: By: " w DANIEL M. POPE, MAYOR Signed this I 1 th day of January, 2022 EW'S INITIALS: GG'S INITIALS: