HomeMy WebLinkAboutResolution - 121053A - Final Release Of Claims - Chester C. O'brien, Jr. - 12_10_1953 12.11
R E S O L U r I O NI
WHEREAS, on or about the 15th day of October, 1952, at about
3:10 P.M., Albert A. Crites, an employee of the City of Lubbock, while
operating and driving a motorcycle owned by the City of Lubbock, was
involved in a collision with an automobile being driven by a Mrs. Chester
O'Brien of Wellington, Texas, at or near the intersection of 4th Street and
Avenue A, in the City of Lubbock, County of Lubbock, Texas, receiving
certain injuries as a result thereof regaixing hospital, medical and doctorts
treatment and services, and resulting in the said Albert A. Crites' having,to
be off work for several months because of said injuries; and,
5 0448.0 W HER EAS, the City of Lubbock paid a part and portion of the cost
ch ol1,to- and expense for such hospital, medical and doctorts treatment, said part
Nether wit and portion amounting to $135.98, and also continued to pay and did pay the
48.00 per full salary of the said Albert A. Crites from the time of said collision until
sonal checl he was able to return to work; and,
of Mr.Crit ,
delivered to W HEREAS, the said Albert A. Crites has pursued a claim for
Bill SomerE damages resulting from the personal injuries he received in said accident
of !City against the said Mrs. Chester O'Brien and her husband, Chester O'Brien,
Attorney Jr., and in connection therewith has been tentatively offered the sum of
office, $5.048.00 cash for a complete and final compromise and settlement of
12-11-53. said claim for damages against said parties, provided that the City of Lubbock
31)1 Some is join with the said Albert A. Crites in releasing and discharging the said Mr.
tc ive and Mrs. Chester O'Brien of all claims for damages it may have against them
personal for the injuries sustained by the said Albert A. Crites, including the damages
ek.to City to the motorcycle involved in said collision owned by the said City of Lubbock;
Auditor, and,
Al Couch & W HER EAS, the right of the City of Lubbock to recover any amount
give Mr. of and from the said Mr. and Mrs. Chester O'Brien, Jr., other than the
Crites damages to the motorcycle owned by the City and involved in said accident,
t5,048.00 is disputed, and, in the event both parties should recover final judgment
check ct against the said O'Briens for damages resulting from the personal injuries
Release to
R execuutee received by the said Albert A. Crites in said accident, the extent of the
City recoveries of each are vague and uncertain; and
The i5,048
ek. had been W HEREAS, the City Commission of the City of Lubbock has duly con-
endorsed b5 sidered the proposed arrangement for settlement of such claims, and in order
the Mayor. to settle such dispute and difference, has agreed to a settlement of same as
propos ed by the said Albert A.Crites; N O W, T H E R E:F O R E,
City Attorne BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY.OF LUBBOCK
office given
conies SECTION 1. That the Mayor is hereby authorized and directed to exe-
12-11-53 cute a final release and discharge of all actions, claims and demands whatso-
ever, that now exist, or may hereafter accrue on the part of the City of
Lubbock, Texas, against Chester G. O'Brien, Jr. and/or Bonnie Louise
O'Brien and any other person, corporation,, association or partnership charged
with responsibility for injuries to the person and property of Albert A. Crites
and the said City of Lubbock, Texas, and the consequences flowing therefrom,
as the result of an accident, casualty or event, which occurred on or about the
15th day of October, 1952, at or near the intersection of 4th Street and AvenueA
in the City of Lubbock, Lubbock County, Texas, and for which the City of
Lubbock claims the said Chester C. O'Brien, Jr. and/or Bonnie Louise
O'Brien are legally liable in damages; which legal liability and damage are
disputed and denied by said parties, for a cash consideration paid to the City
of Lubbock in the amount of$48.,00; a copy of such final release as herein
authorized is attached hereto and made a part hereof for all intents and
purposes.
SECTION 2. The fact that the said Chester C. O'Brien, Jr. and Bonnie
Louise O'Brien through their representatives are making payment jointly to
the City of Lubbock and the said Albert A. Crites by draft in the amount of
$5,048.00 makes it necessary,for-the joint payees to join in the endorsement
of said draft, and, therefore, the Mayor is hereby authorized and directed to
endorse said draft, retaining only $46.00 therefrom to be paid into the City
Treasury, and the remaining $5,000.00 shall be paid over to the said Albert
A. Crites upon receipt of a release, executed by him, delivered to the City of
Lubbock, releasing and discharging the City of Lubbock from all claims for
damages and actions resulting or that may hereafter result by reason of the
hereinabove mentioned collision, excepting any rights accruing to him under
the provisions of Article 1269m, Revised Civil Statutes of Texas, and rules
adopted pursuant thereto by the Civil Service Commission of the City of
Lubbock.
On motion of Commissioner . Morris , seconded by Com-
missioner Carpenter , this Resolution was passed on this the
iOth day of lleaember 1953by the following vote:
Commissioners voting "YEA": Morris,Carpenter,Davis, & Mayor Tril p
Commissioners voting "NAY": None
�SUR T-- -yor --;;---
AT T ES T• _,
Lavenin Lowe, City ecre ry-Treasurer
WIS:sv
11-24-53
— P. 2
--
j FULL AND rinL RELEASE Op ALL CLAIM
T.MW ALL tTEH BY THESE PBESEMS, that, the undersigned Albert A. Crites,
an individual, and the City of.Lubbock, Texas, acting by and through its Mayor
Murrell R. Tripp., and attested by firs. Lavenis Love, City Secretary, each being
thereunto duly authorized by a resolution of the City Con-ission of the City of
Lubbock, Texas, adopted on the 24th day of Tovember, A.D. 1953, a copy of which
j I is hereto ettae6e and Larked sExhibit A° and made a part hereof, does hereby
acknowledge ireceipt:of a draft for FIVE TH033kFD FOPTY-EIGHT AND 1q0/iO0 45,048.00)
DOLLARS, which draft when honored and paid in full is accepted in full compromise
i settlement and satisfaction of, and as sole consideration for the final release and
discharge ot all actions, claims and demaruls whatsoever, that now exist, or may
hereafter accrue, on the part of Albert A. Crites and the City of Lubbock, Texas,
against Chester C. O'Brien, Jr., and or Bonnie Louise O'Brien and any other percent
corporationp association or partnership ebarged with responsibility for injuries
i to the person andproperty of the Undersigned, and the consequences flowing there-
from, as the result of an accident, casualty or event, which occurred on or about
the 15th day of October, 1952, at or near the intersection of 4th Street and Avenne
A in the City of ,Lubbock, Lubbock County, Texas, and for which the Undersigned
claims the said Chester C. O'Brien, Jr., and/or Bonnie Louise OtBrien;ara legally
liable is damages; which legal liability and damages are disputed and denim wad;
I
T' 9 4ndersigned warrants, that to promise or inducement hers been offered
except as herein set forth; that this Eelease is executed without reliance upon
any statement or representation by the jxirson or parties released, or their repre-
sentatives, or physicians, concerning the nature and extent of the injuries and/or
damages and/or legal liability therefor, and;
The Undersigned Agree, as a frTther consideration and inducement for
this eompr ee!aettlement, that it is a full end final release of all clains
and shall apply to all known and unknown and anticipated and unanticipated
j
ii
7l1 ;. I
,A
3;oga'16. 2 • Full and Final Release of All Claim
in4tvAerj and damages resulting fr= said accident, casualty or events as well as
j .
too those &mown or disclosed.
I, Albert A. Crites, an individual, declare that I have carefully read
The foreEoing. releese end know the contents thereof and tbet I sign and execute
the,'same of nay own free will.
declare
I, Lurrell R. Tripp, Veyor of the City of Lubbock, Texaa,/that I have
jesrofully read the foregoing. release and know the contents thereof and that I
efgn and execute the same as rayor of the City of Lubbock. Texco, pursuant to the
said resolution and as the sot of the City of Lubbock, Texas, by and through me
as Its Mayor end attested by its City Searetery.
IN Tl'lNr-.0 VHV,=F, I have bereunto set ry hand and seal the
day of . A. D. 1953.
Albert A. Crites
Ix T+'I72I 3 T7HLM C3F, the City of Lubbock, Texas, aforesaid has caused
these presents to be eaigned by Nurrall R. 'Itipp, its 31yor, and attested by
Mrs. Levine Lose, City Secretary, with the corron seal of the City of Lubbock,
Texas, thereto affixed, this the day of ,
A. D. 1.953.
THE CITY OF LUBBOCK. TIM
SYe
Mayor
,ATTWTe
City Secretary
j
r
121053A
t
Page No. g Mill and Final Release of All Claims
M STATE OF 'EUZ)
CCTMT,Y OF WBBOCK )
S.M11r,Xr. a Rotary Tublio, in and for Lubbook !County, Texas, on tbia
day personally appeared rurrall R'. Tripp, Mayor of the City of Lubbock, Texas,
knosm to me to be the person and officer whose name is suescribed to the fore-
SoinE Instrument and acknowledged to sae that the name was the act of the said
City of Lubbock. Texas, a cunicipel corporations and that he executed the same
as the act of such corporation for the purposes and consideration therein ex-
pressed and in the capacity therein stated.
C1'VAu M-MER YY Hi4l4D 91D SULL OF OFFICE, this the
day of . A. D. 1959
I70TAVY PUFLIC I22 AM FOR
IL'f3P= COWTY. TEUS
THE STATE OF TEUS)
COMny of IDBBOCK )
BEFORE IM, a Notary Public, in and for Lubbock County, Texas, an this
day personally appeared. ALFIFI"Pi A. CRITE34 to sne known. and acknowledged the
Release act out above an hie act and deed, after Same had been read by him and
he then and there stated that he fully understood said Release end that by his
sienature thereto all swatters therein act out are compromised and settled in
-� consideration of the payment therein recited.
GI'VLN UNDIS VY RAND AND SM OF OFFICE. this the
day of . A. D. 1953.
ROTARY PM1IC IN "M FOR
LUBBOCK COLEY, MW