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Home My WebLink AboutResolution - 2023-R0538 - Compromise Settlement Agreement, Release Of All Claims, Julian Molina - 11/07/2023Resolution No. 2023-R0538 Item No. 5.5 November 7, 2023 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 with Julian Molina, 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 November 7, 2023 ATTEST: Courtney Paz, ity Se APPROVED AS TO CONTENT: � Blu Kostelic , Chief Financ fficer APPROVED AS TO FORM: e a el , Depu!y City Attorney vw:ccdocs111RES.Agrmt-Molina, Julian October 25, 2023 f � _. _• .- �1 Resolution No. 2023-R0538 STATE OF TEXAS § § COUNTY OF LUBBOCK § � . �. . . .. - . .. . 1 KNOW ALL MEN BY THESE PRF,SENTS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS 'i'his Compromise Sctticmcnt Agrccment and Rcleasc oi' All Claims ("Sctticmen� Agreement") is entered into by and between the CITY OF LUBBOCk, 'I'EXAS ("thc City"), and JULIAN MOLINA. ("thc Claimant") RCCITALS WH�REAS, on or about October lU, 2022, Julian Molina was A passcn�;cr in a vehicle travelling north in the 8300 131ock of l�rankford �lvenue; and WHLRI�AS, a City of Lubbock Solid Wastc truck was makinb a left turn on to I�rankford Avcnuc; and WHI:REAS, lhere was a collision bet�veen the City of Lubbock's vehicle and the vehicle in �uhich Cluimant was a passenger; and WHCREAS, Claimant alle�es that the driver of the City vehicle ��as negligent in operating his vehicle; and WHLREAS, Claimant alle�es he suffcrcd physical injuries as a result c�i' this accident, some of which rcquired surgic�l intervention; find VdI I�RL'•AS, the City denies any liability to Claimant for any claim or cause of action, but is willing to settic all clt�ims to avoid the inconvenience, distractions, uncerlaintics and expenses attendant to litigation and trial, in exchange for the consideration and rcleascs sct forth bclow. PAGE I OF 6 JM'S fVl l'IALS� ��, 1. IN CONSIDERA I�ION of the payment by the Cit�� ot' thc swn of O�I1: HLTNDRED �IINE1'Y FIVE THOUSANU and No/100 Dollars (5195.000.00), Claimant does hcrcto cnter into this Sctticmcnt Agreemenl and does herchy release, acquit, and forever discharge the City of (,ubbock, Tcxas, its respective predecessors, succcssors, assigns, ow�tcrs, City Council. partners, mcmbcrs, managcrs, cmployees, directors, legal representativcs, insurcrs, independent contractors, agents and attorneys (the '`Releasees''), ol� and from any and all liability, claims, demands, damages, auorney's fecs, costs, liens, whcre statutorily provided or othcr��ise, expenscs, scrvices, actions, causes of action, or suit in cquity, of whatsoevcr kind or naturc, whcthen c�rctofore or hereafter accruing, which Ctaimant now has or may hcreaftcr havc, whcthcr known or unknown, arising from the motor vehicle accident on Oc�obcr 10, 2022, involving the City of Lubbock. 2. Payment shal! be made by check payable to Julian Molina a�id Glasheen, Valles & [ndcrman, LL}' after this Settlement /\greement is signed by all partics. 3. Claimant agrees that he is respvnsiblc for any outstandinb liens, claims, or rights of subcogation that may now on c�rcaflcr cxist arising out of or rclating to this occurrence inctudinb, but not lintited to. liens from any hcalth care insurer or health care provider, including Medicare liens. 4. "Chis Scttlement A�;rcement may be pled as a lull and complctc defense to any action, suit, or other proceeding, which may be instituted, pr�secuted or attempted for, upon, or in respect of any of the claims released hereb}•. PAGE 2 OF 6 1h1'S [NITIA[.S. �M — - _,..a�_ -- ---- - ---- — — — —,--- _ :; _. �.. � �_ _.�_. _ � , -- ty�c;M�11�1 , ; _ 5. 'I'his Scrilcmcnt Abreement includcs any transaction, occurrence, matter or thinb whatsoever, whether known or unkno�m, arising or occurring duc to this iticidcnt including, but not limitcd to, all claims, dcmands, causcs of actions of an} naturc, whcthcr in contract or in tort, or arising out ol; undcr or by virtue of any statutc or rcgulation, that arc r�cogniicd by I�aw or that may bc crcatcd or rccogni-r.cJ in thc future by any manner, including, �vithout timitation, by statutc, regulation, or judicial decision, for past, prescnt and I'uture dama�e or loss, or remedies of any kind that are now reco�nizcd by luw or lhat may be crcatcd or recognizcd in thc Cuiure by any manner, and including but not limited to the following: al! actual damages. all exemplary And ptmitive d�magcs, all pena(ties of an�� kind or statutory damages. Claimant hereby dcclares that he lully undcrstands thc tcrms of this Settlement n�;rccu�ent and vol�u�tarily accepts the above statcd sum for thc purposes of making full and final serilcmcnt of any and all the injurics, damages. expenses, and inconveniences above mcntioncd. 6. Claimant hereby rcpresents and wanants that he, and he alone, owns thc claimcd rights, interests, demands, actions, or causes ot� action, oblibations, or an�• other matter covcred by this Settlement Agrcement (the `'Claimed Rights"), and that he has not transfcrrcd, conveyed, plcdgcd, assigncd or madc any othcr disposition ol thc Claimcd Kights. Claimant agrccs to indemnity and hold harn�lcss thc Relcasees irom and against any and all claims, demands, or causes of action and the reasonable and necessary costs, including attorneys' fees, incurred in the defense of any such claim that any person who claims an ownership, including any liens whether statutory or otherwise, in the claimed rights, interests, dcmands. PAGI: 3 OF 6 JM'S INITIAI.S: �1� i . � � . .ii ��h, r ri�:��f+ �� . � i,��ti �� . • i y+�-�+. �.,. - - . , -.,.� actions, or causes oi' action, obiibations. or any olher matter covered by this Setilement Agreement. 7. Thc tenns of this Scttlement /1�rccmcnt shall inurc to the bcnefit of, and bc binding upon, the Clflimant, Releusecti, tiuccessorti or assigns. 8. All signatories to this Settlement Agrcement hercby warrant that thcy have thc authority to execute this Settlement Agreement and bind the respective parties. 9. This Settlement Agreemcnt states tizc cntire agrccment of the partics H�ith respcct to thc matters discussed herein, and superscdcs all prior or contcmporancous oral or written understandings, agrecmcnts. statemcnts or promises. 10. This Sctllcmcnt n�rccmcnt may not bc amcndcd or modilicd in any respcct except by a WT1lIC11 instrumcnt duly cxccutcd by all oC thc partics to this Sctticment ngreement. 11. If this Scttlement Agrcemcnt does not bccome effcctive for a�1y rcason, it shall hc deemed negotiatia�s lor settlement purposes only and will not be admissiblc in evidence or usablc for any pur{�oscs whatsocvcr. 12. If any porlion or term of this Scttlrmcnt ngrcement is held w�cnforceable by a cow�t of competcnt jurisdiction, thc rcmaindcr of this Settlement Agreement shal! not bc affccted and shall remain lully in Corce and enf'orceablc. l3. �ach party has consultcd with whatever consultants. attorncys or othcr advisors each deems appropriate concerninb the effect of this Settlemcnt Agreemcnt and Claimant assumes thc risk arising from not seeking furthcr or additional consultation with such advisors. PAGE 4 nF 6 �nn'S INITIAI.S� _ �� r a••r. .. . , �e. - 14. Each party assumes thc risk oC an�� mistakc of ('act or law with regard to any aspcct of this Settlement Agreement, the disputc describcd hcrein, or any asscrted rights released by this Settlement Agreement. 15. Claimant, by cutcring into this Sctticmcn� Agrecmcnt, acknowicdgcs that this sctilcmci�t is a compro►nisc of a disputcd claim as to thc liability of thc Rcicasccs I'or the Claimant's injuries and damases, if any, and the payment made herein is not to be construed as an admission of liability on the parl of the Releasces. ]t is understood that the existcnce ot� a��y liahility or wri�ngdoing has bcen, and continucs to bc, expressly denied by the Releasccs. 16. All pa��ties to this Setticmcnt Agreement acknowledge and agree that they have obtained le�al rcpresentation and advice, as they have deemcd appropriatc in entering into this Settlement Agrccmcnt. 17. All parties Further statc that this Scttlement A�reemcnt, including the li�regoing relense, has bcen carcfully read and each party understands the contents thcrcof and have sibned the samc as their own res�ectivc free act and havc not bccn influcnccd in making this setticment by any representative ot� a party ar parties released. 1$. It is f'urthcr undcrstood that thc provisions of this Sctticmcnt Agrcctncnt arc contractual and not merc rccilals and that the laws c�f thc S�ate of Teras shall govcrn this Sctticmcnt Agrccmcnt. FOR THE CLAIMANT �� ' . PAGE 5 OP 6 JM'S INI'I�IALS: �1 "■ S�fATI� O}� �r�xns § COUN�'Y OP LUI3I3nCK $ f3cforc mc. thc undcrsigncd authority, on this �ay of �.��?`s.� � ncrsonally appearcd JULInN MO1.INn, kno��n to mc lo bc thc person �vhosc namc is subscribed to the foregoing instrument and acki�oH�lcdgcd to mc that Ilc exccuted tlie same lor the purposes and considcration therein eYpressed. ,��a� °os MARY GONZALEZ Notar� 1'ub t• :° � Notary I� #128563580 �„ � My Commisston Expires ��toi�.' AAay 31, 2027 FOIt 7'lil�: Cl'I'Y OF LUBBOCK: liy: ----- - - - - - "I�RAY P � , AYOR Signed this 7th day of Novcmbcr, 2U23 PAGf: 6 OF 6 JM'S INI"I IAI.S: ��